TERMS AND CONDITIONS FOR MR ENGINEERS LTD
These Terms and Conditions (hereinafter ‘the Terms’) constitute a binding legal agreement which govern your contractual arrangements and/or order for services with Mr Engineers which is a trading name of Mr Engineers Ltd (hereinafter, the “Company”, “We”, “our” or “us”). Please read these Terms carefully as they relate to your rights and liabilities set forth herein and under any other applicable laws.
These Terms governs every order you place with Mr Engineers Ltd and by placing any such order, you accept to be legally bound by the Terms as stipulated herein. These Terms do not extinguish your existing legal rights or absolve you from your legal obligations.
If you do not agree with these terms, you should not place an order for services with Mr Engineers Ltd.
Any modification of these Terms shall only be effective if made and agreed in writing by an authorized officer of Mr Engineers Ltd. No alteration, modification or addition can be made onto or included in these Terms without express consent of the Company.
- ‘Contract’ means any contractual relationship between you and the Company for the purchase of Services in accordance with these Terms
- ‘Fixed Fee’ refers to a fixed price given to the service offered.
- ‘Normal Working Hours’ refers to 9:00 am to 8:00 pm Monday to Saturday.
- ‘Order’ refers to an order for a Service made by you in accordance with these Terms.
- ‘Order Confirmation’ refers to the Company’s written confirmation and acceptance of your Order.
- ‘Services’ refers to any service provided by the Company to you.
- ‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays.
- ‘You’ refers to a client who orders the company’s Service.
- If you place and Order for the Company’s service(s), we shall consider such an order as an offer to purchase our Service(s) and an expression of willingness to be bound by these Terms. The Company may, in its absolute discretion, accept or reject any offer.
- On receipt of your order, we will send you an Order Acknowledgement. An order acknowledgement is not acceptance or confirmation of your order but information that your order has been booked or received.
- When we accept your order, we will send you an order confirmation containing the details of your order and the availability of the Services you have requested. Our acceptance of your order will create a binding contract between you and the Company except where there is an accidental mistake between the details outlined in the order confirmation and the Service that you ordered.
- When you become aware of any mistake, inconsistency or error in the order confirmation, you must promptly notify the Company.
- When placing an Order, you are pledging to us as follows:
- That the all the details you provide to us for the purpose of purchasing the Services are correct.
- That the credit and/or debit card you use to make a purchase from us belongs to you and you are authorised to use it.
- You represent to us further that there are adequate funds or credit to meet the cost of the Services you order from us.
PRICES AND PAYMENTS.
- Services are billed at the price prevailing at the time of your Order.
- The Company reserves the right to modify its prices from time to time.
- Except as agreed otherwise between you and the Company, The Company shall not supply or deliver goods and/or services until payment is received in full.
- To confirm booking, payment for requested services must be made prior to on-site inspection or service. If no payment is received upon order acknowledgment and booking, any such booking will be considered as ”provisional” and can be cancelled or rescheduled at any time until payment is made to confirm booking slot.
- If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 8% above the base rate of Bank Of England. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
- The Company accepts payments by all major credit and debit cards.
CALL OUT AND HOURLY RATES
- The standard call out fee for our Gas Engineer, Domestic Energy Assessor and PAT Tester that visit your property is £35. For Electrician and Electrical Engineers, the standard cost is £70. If different engineers attend your property for their respective services, a call out fee will apply per an engineer.
- If the Company cannot provide a fixed price for a given task, we will charge an hourly rate of £70, which shall exclude materials needed for the completing the task.
- If, upon confirmed booking, an engineer is called to your property but you disagree and decide not to go ahead with work, you will still be charged the standard call out fee for such booking.
- We allocate 4 hour time slot from Monday to Saturday for visit to your site/property. The available time slots are provided on a first come, first serve basis.
- Where a booking is confirmed, you accept that an engineer can arrive at any time between the start and the end of your time slot.
- You acknowledge that, at times, we may be forced to re-schedule a booked appointment due to factors beyond our control. Should this happen, the Company will contact you promptly as possible to discus and agree on re-scheduling the appointment at a date and time that is mutually convenient for all parties.
MISSED APPOINTMENTS OR BOOKINGS
- If you are not able proceed with a service appointment, you should, as soon as possible, contact us to re-book the appointment. We are reachable at 0203 633 1211.
- Cancellations made less than 24 Hours before the appointment is due will incur an administrative charge of £40.
- Call out fee will also be charged for non-attendance where:
- Engineer cannot gain access to property due to non-attendance
- Boiler is not working.
- There is no gas or electrical supply.
- Engineer has no access to gas meter or for any reason.
- The inspection cannot be carried out for other reason which not engineer’s fault
- Any appointment missed for reasons outlined in clause 6.3 above will incur an additional administrative penalty of a £40, Per Property and Per Engineer.
- The terms set forth herein shall apply to any third party you instruct to be at the premises, site or property on your behalf, including a person you instruct to give or enable access to the property.
- The Company may provide a free onsite quote for any commercial electrical work.
- If the parties agree on a final quote, such quote shall be made into writing and shall constitute a binding contract for performance of the agreed task(s) at the specified contractual price.
- Agreements made orally by the parties shall not be binding upon the parties unless expressly reduced into writing and the agreement shall specify that the contract is entered by and between Mr Engineers Ltd and the Client. The Client’s name shall be clearly and accurately identified in the quote.
- The Company reserves the right to revise or modify any final quote or estimate if there are material conditions affecting the nature or extent of the requested work including, but not limited to labour and material charges.
- Any change, modification or revision of any final quote cannot me made without consulting the Client.
- Unless otherwise specified, every quote offered by the Company will be valid for 28 days from the date of issue.
The Client shall be required to supply a deposit to cover for costs of materials needed to carry out or complete the task.
- Unless expressly agreed by the Company, all deposits must be made via telephone or internet payments.
- By making a deposit and requesting the performance of Service, the Client expressly agrees that Service shall be rendered subject to these Terms and Conditions.
TERMINATION OF CONTRACT
- Mr Engineers Ltd reserves the right, with or without cause, to terminate the Service at any time.
- Mr Engineers Ltd does not tolerate hostile or discourteous behavior, racism, xenophobia, sexism, homophobia, ageism or other forms of unlawful differential treatment directed towards any of its staff or contractors.
- The Client may cancel its Order for any reason whatsoever.
- For any cancellation by the Client to be effective, it must be made no later than 24hrs before the engineer or assessor is due to visit your property.
- A cancellation will only be valid if it is in writing and is sent in writing by mail, post or hand delivery addressed to our Customer Service at Mr Engineers Ltd, 59A Brookhill Road, London, EN4 8SF, or by e-mail to [email protected]
- Upon cancelling the Order and subject to these terms, the Client will have the right to receive a refund for the price paid.
- A refund if any shall be made within 30 days from the date of cancellation.
- The Company shall perform the services in a diligent, professional, skillful and expertise manner and shall use all reasonable efforts to deliver to the Client in accordance with the terms, conditions set forth herein and no later than the agreed completion dates.
- The Company warrants that its work shall be free from workmanship deficiencies for a period of 30 days after completion.
- The Company makes every effort to ensure that all prices, quotes, offers or descriptions in our catalogue and/or on our website are correct, accurate and up-to-date.
- In the case of a manifest error or omission, the Company shall have the right to rescind the contract regardless of the fact that the Company has already accepted any offer or Order or received any payment from you.
- In the case of rescission of contract arising out of manifest error or omission, the Company’s liability will be limited to the return of actual sum paid in respect of the Order.
- Where the manifest error relates to pricing, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.
- A ‘manifest error’, as used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
LIMITATION OF LIABILITY: The Company shall not be liable for any loss, damage, costs or expenses related to any equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves, our agents or sub-contractors.
- The cost of any remedial work, repair or parts needed for any fault, which is found before or during the boiler service will be reported to the responsible person and special discount will be calculated if booked at the same time of the service and carried out at the same time.
- Maintenance and remedial work does not form part of boiler service and the costs for carrying out such work shall be charged separately.
- It shall be your responsibility to cover for any costs or expenses necessary for carrying out or completing any remedial or maintenance work.
DISCLAIMER: Except as expressly agreed herein, we disclaim all warranties, express or implied, relating to the Services to the fullest extent permitted by law.
- We shall not be held be held responsible for any fault or damage not caused by our services engineers or their contracted agents. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).
UNFORSEEN EVENTS: The Company shall not be liable to you or be deemed to be in breach of contract or these Terms by reason of any delay in performance or any failure of performance any of our obligations in respect of the Goods or Services, if the delay or failure was due to any circumstances beyond the reasonable control of the Company including, but not limited to, act of God; explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and/or power failure or breakdown in machinery.
- The Company reserves the right to alter the appointment accordingly in order to make up any time lost due to any unforeseen circumstances.
- If we are unable to provide you with the services within a reasonable time due to circumstances outside our control, we will either agree a new timescale with you for the service to take place or either of us may decide to terminate the Order in which case we will return any prepayments that you have made in full.
ERRORS AND OMISSIONS: We make every effort to ensure that all prices and descriptions quoted in our catalogue and on our website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted your Order and/or received payment from you. Our liability in that event will be limited to the return of any sum paid in respect of the Order. In the case of a manifest error in relation to price, you will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.
- A ‘manifest error’, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
CUSTOMER DATA PRIVACY AND PROTECTION:
- When you register with us via our site or the Order form, you provide us with your contact information (such as name, email, and postal address), unique identifiers (such as username and password), demographic information (such as postcode), and financial information (such as account reference and transaction data). The company shall take reasonable measures to ensure that customer data is securely stored and protected
- We do not store, share, rent or disclose credit card details of the customer with any third party.
- We may use customer data for our marketing, communication, statistical and/or analytical purposes.
- You accept that the Company Ltd may share your information with any member of our group as necessary to deliver our services.
- You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Where necessary, we may disclose personal information to a credit reference or fraud prevention agency which may retain a record of that information.
- The Company may record and monitor inbound and outbound calls and electronic traffic for training purposes.
- These terms shall not be interpreted to impair your consumer rights and /or obligations under relevant and applicable statutes, regulations or codes of conduct.
- Any modification of these terms must be in writing and signed by a duly authorised officer of the Company.
- Except as set forth herein, neither party shall assign, transfer, or otherwise alienate any or all of its rights or interest under these Terms without the express prior written consent of the other party, which consent may be granted or withheld in such other party’s sole discretion; provided, however, that the foregoing shall in no way restrict the performance of any of the terms or conditions of these Terms by an affiliate or subsidiary of a party hereto to the extent the same is consistent with the intent of this Agreement.
- If one or more of the provisions of these Terms is held invalid, illegal or unenforceable by a court of competent jurisdiction, such invalidity, illegality or unenforceability, as the case may be, shall not affect the validity, operation or enforceability of the other provisions.
- Failure or omission by any party to exercise any rights or seek remedy for any breach of provisions of these Terms shall not be construed as waiver of such rights or remedy nor shall a waiver of either party of default in one or more occasions be construed as a continuing waiver or as waiver of any other breach.
- By accepting these terms, you acknowledge that you have not relied on any representation except insofar as the same has expressly been made a part of these Terms and you agree that you shall have no remedy in respect of any representation not expressly made herein. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
- These Terms shall be governed by the relevant laws of the United Kingdom and construed in accordance with the relevant laws of the United Kingdom and you irrevocably submit to the exclusive jurisdiction of the relevant courts of the United Kingdom.
- If you have any complaints with the Goods or Services provided by us please contact Customer Services by post or hand delivery addressed Customer Services at Mr Engineers Company, 59A Brookhill Road, London, EN4 8SF or by e-mail to [email protected].
- In the event that a client has a complaint against the company, we must be informed immediately by mail, post or hand delivery addressed to Mr Engineers Company, 59A Brookhill Road, London, EN4 8SF, in order that an opportunity is afforded to us to investigate the situation and provide redress. A complaint against the company is valid only if lodged within 14 days of the appointment/booking date. If these procedures are not followed, the Company will not start or continue any such investigation of the said complaint.