Terms & Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.greenfieldservices.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. Definitions
1.1. In this document the following words shall have the following meanings:
1.1.1. "Agreement" means these Terms and Conditions together with the terms of any applicable Quotation Document;
1.1.2. “Company” or “Us” or “We” means Greenfield Services (Southern) Ltd company number 03397418 whose registered office is Unit 8 Quoin Estate 73 Marlborough Road, Lancing Business Park, Lancing, West Sussex, England, BN15 8AD
1.1.3. "Customer" or “You” means the organisation or person who purchases goods and services from the Company;
1.1.4. “Visitor” means person(s) or people attending the Company’s Showroom;
1.1.5. "Quotation " means the statement of work and quotation attached to this contract describing the goods and services to be provided by the Company and forming part of this contract;
1.1.6. “Order” means any order placed through the Company by method of
1.1.6.1. Website www.greenfieldservices.com;
1.1.6.2. Email orders@greenfieldservices.com;
1.1.6.3. Telephone call +441903250400;
1.1.6.4. In person.
1.1.7. “Product” refers to individual item(s) within Order.
1.1.8. “Services” means any works (i.e., maintenance, installation, repair, etc.) carried out by the Company at the request of the Customer, whether this is conducted on a Customers premises or in the Companies workshop.
1.1.9. “Showroom Only Items” means products that can only be sold in-person from the Companies Showroom.
1.1.10. “Clearance Items” means products that are offered for clearance through the clearance section on our website or in our Showroom.
1.1.11. “Ex-Display Items” means products that were originally on display in the showroom and are offered for sale at a discount.
1.1.12. “Custom Order” means products that are built to a specification that deems the product not a standard item.
1.1.13. “LPG” means Liquid Petroleum Gas.
1.1.14. “NG” means Natural Gas.
1.1.15. “Special Order” means all products that:
1.1.15.1. Are not held in stock and have to be ordered in from the manufacturer,
1.1.15.2. Are any order or component related to LPG or Propane fuel source,
1.1.15.3. Are manufactured by Be Modern, Elgin & Hall, Katell, or Focus Fireplaces,
1.1.15.4. Are not held in stock and have to be ordered in.
1.1.16. “Quotation” means verbal or written fixed-price offer for goods or services at a stated price under specified conditions.
2. General
2.1. These Terms and Conditions shall apply to all contracts for the supply of goods and services by the Company to the Customer.
2.2. Before the commencement of the services the Company shall submit to the Customer a Quotation which shall specify the goods and/or services to be supplied and the price payable. This may be in writing, by means of advertisement on our website, or verbal.
2.3. The customer shall notify the Company immediately if the Customer does not agree with the contents of the Quotation.
2.4. All Quotations or Orders shall be subject to these Terms and Conditions.
2.5. The Company shall use all reasonable endeavours to complete the Services within the estimated time frame but shall not be of the essence in the performance of any services.
3. Order Processing
3.1. Once you have placed your order, you may receive an order confirmation to the email address provided. When we process the order, a VAT invoice is generated and a copy can be requested from orders@greenfieldservices.com.
3.2. The Company can only deliver to the cardholder address linked to the payment card used for purchase whether debit or credit card.
3.3. Where payment is made by BACS and cleared funds are received, the Company can offer an alternative delivery address.
4. Delivery & Collections
4.1. We aim to deliver to all customers within 10 working days of receiving your order into our warehouse from the manufacturer.
4.2. Deliveries are to within mainland England and Wales. If you require a delivery to Scotland, Northern Ireland, Isle of Man, Jersey or Guernsey this will attract an additional charge.
4.3. We offer free delivery for all orders over £300.00 to most UK mainland addresses.
4.4. Delivery charges to UK mainland addresses for orders under £300.00 depend on the size and weight of the items ordered:
4.4.1. £6.95 for parcels
4.4.2. £50.00 for items requiring a pallet
4.5. Please note that these charges exclude the Scottish Isles and Highlands and specific postcodes advised by our carriage companies. If you place an order for delivery to an affected postcode, we will contact you before shipping your goods and you can decide whether or not to proceed. Alternatively, you can contact our Customer Service team in advance with full delivery details for a postage quotation.
4.6. We do not deliver to Europe, USA and the Rest of the World but we do offer a service where overseas customers may arrange their own transportation of goods from our warehouse.
4.7. Deliveries are between Monday and Friday and will be an all-day appointment. Delivery can be on a Saturday but will incur extra charges.
4.8. Delivery will be by Pallet Courier, our own Delivery Team, or a Parcel Delivery Company.
4.9. In all cases your delivery will need to be physically signed for, otherwise the delivery will be aborted and a minimum aborted delivery and re-delivery charge of £50 will be incurred, along with carriage costs.
4.10. The Customer must open and inspect goods immediately upon receipt in the presence of the delivery driver. The Company will accept no responsibility for damage or missing goods after the driver has left. Once goods are signed for, they are deemed the responsibility of the Customer.
4.11. PALLET COURIER DELIVERY
4.11.1. Where your Order is oversize or overweight, the Company may use a pallet courier to deliver your purchase. Your purchase will be put on a pallet and the delivery courier will use a pallet truck to get it off their vehicle and to you.
4.11.2. If there are any accessibility issues (such as, but not limited to: stairs, gravel, obstructions, etc.) that will limit or hinder the delivery, this may result in the Order being delivered as a kerb side delivery.
4.11.3. While the driver is still on site, the Customer should check the packaging for any substantial damage (rips, large holes, damaged packaging, etc.). If any damage is visible, it is the responsibility of the Customer to contact the Company before the driver leaves as your Order may need to be refused and returned to the Company.
4.12. COMPANIES OWN DELIVERY TEAM
4.12.1. The Company deliver to certain postcodes with our own delivery team.
4.12.2. The Company will contact you to schedule a delivery date upon receipt of the Order being received to our warehouse.
4.12.3. The Companies Own Delivery Team will contact you on the scheduled delivery day to advise you of an estimated delivery time.
4.12.4. Your Order will be delivered to the front of your property outside and will not enter your property.
4.12.5. If there are any accessibility issues (such as, but not limited to: stairs, gravel, obstructions, etc.) that will limit or hinder the delivery, this may result in the Order being delivered as a kerb side delivery.
4.12.6. While the driver is still on site, the Customer should unwrap the Order and check that the goods are in acceptable condition. Any issues whatsoever must be reported by the Customer to the Companies delivery team or to the Company directly.
4.13. Parcel Delivery Company
4.13.1. A Parcel Delivery Company may be used to deliver your Order. This is an all day service and is a doorstep delivery.
4.14. Collections
4.14.1. For Customers who are able to visit our showroom in Lancing, we offer a collection service between 0900 and 1600 hours on any working day Monday through Friday, and by appointment only on Saturday mornings.
4.14.2. We require 2 working day’s notice in advance of your arrival.
4.14.3. Customers should ensure that they arrive with appropriate manpower and an appropriate vehicle for the weight and size of their Order.
4.14.4. Our warehouse team may be able to assist you load your vehicle but cannot be held responsible for any damage or breakages to your Order or vehicle whilst assisting you. If assistance is required, the Customer should ensure that there is somebody at the warehouse that is able to help.
4.14.5. At the point of collection, it is the Customer’s responsibility to inspect the goods before they leave the Company’s premises. No claims for loss or damage will be entertained after the goods have left the Companies property.
5. Pricing
5.1. Prices are correct at the time of publication.
5.2. All prices stated are fully inclusive of VAT at the current rate.
5.3. The Company reserves the right to change any advertised prices at any time.
5.4. All prices are in Great British Pounds Sterling.
5.5. Errors and omissions are exempted.
5.6. Delivery charges will apply to all orders and will vary dependent on order quantity and type of product. The Customer should check with the Company to ensure that correct charges apply.
5.7. Orders over £300 will be subject to free delivery unless otherwise stated.
5.8. The Company reserves the right to alter pricing at any stage during the event of a clerical error having led to an order/product of the incorrect price.
6. Showroom Only Items, Ex-Display Items, Clearance Items
6.1. Showroom Only Items, Ex-Display Items and Clearance Items are for collection only. They must be collected by the Customer from our Showroom located in Lancing, West Sussex.
6.2. No delivery option (paid or other) is available for these items as they sit outside of distance selling rules.
6.3. We require 2 working days’ notice of your intended collection date and time.
6.4. All Ex-Display Items and Clearance Items are sold as seen and are non-returnable or non-refundable.
6.5. All Ex-Display and Clearance Items are assumed to have no warranty whatsoever.
7. Accuracy of Information
7.1. All information (description, dimensions, weight, etc.) of all products is provided by such manufacturers. As much as the Company endeavours to keep the information correct, we cannot take any responsibility for typographical errors that may occur.
7.2. It is the Customers responsibility to ensure that they have the correct information for the product. If the Customer requires verification of any information, it is advised that they ring the respective manufacturer to clarify.
8. Website Usage
8.1. Greenfield Services (Southern) Ltd will not accept liability in the event of computer viruses being inadvertently transmitted to users, either from the website or from the use of third-party websites to which the site provides links. The Company will not accept liability for any loss of business due to the lack of access to our website due to any such failure or maintenance to said website.
9. Returns/Refunds & Cancellations under Distance Selling Rules
9.1. Under the Distance Selling Regulations the Customer has the right to cancel their Order for an item purchased on our website, from our showroom, or over the telephone at any time before the goods are dispatched or within 14 days of receiving your Order with the exception of items or situations detailed in points 9.4 – 9.6.
9.2. Cancellations within this period qualify for a full refund, excluding the cost of return postage if applicable and a reasonable deduction to reflect the reduced value of the goods.
9.3. A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.
9.4. We are unable to issue a refund or accept a return if the product has been fitted or attempted to be fitted.
9.5. “Custom Order” or “Special Order” products, Accessories and Frames are non-returnable under distance selling rules or any circumstances. These are specifically:
9.5.1. Any Natural Gas, LPG or Propane fuel sourced product;
9.5.2. Any Be Modern Fires & Accessories;
9.5.3. Any Elgin & Hall Fires & Accessories;
9.5.4. Any Katell Fires & Accessories;
9.5.5. Any Focus Fireplaces Fires & Accessories;
9.5.6. Any manufacturer or brand Flue Component or Accessory;
9.5.7. Any manufacturer or brand Frames or Accessory;
9.6. All Ex-Display Items or Clearance Items are strictly non-returnable and non-refundable.
9.7. The return of any products whereby the box is damaged or the original packaging is not complete will incur a re-packaging charge of £50.00.
9.8. The Company reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge.
9.9. In the first instance the Customer should email solutions@greenfieldservices.com detailing the circumstances of the request for a refund and/or return. A member of our team will usually respond to you within two working days to discuss your request.
9.10. If your request for a refund and/or return is approved then it is the responsibility of the Customer to return the item(s) using the Customer’s own courier in the same manner as the goods were delivered. It is the Customer’s responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with the Company. If, upon receipt and examination of the returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.
9.11. The Customer is advised to take our Insurance to cover the value of the products whilst in transit to us as the Company does not accept any responsibility for goods returned to us with transit damage.
9.12. As soon as the goods are received within our Warehouse, they will be inspected. If a refund is approved, we will refund your payment within five working days.
10. Returns/Refunds & Cancellations outside of Distance Selling Rules
10.1. A return will be considered providing you have taken reasonable care of the goods whilst they are in your possession. This does not affect your statutory rights as a consumer.
10.2. Eligible products that have already been delivered must be returned within 14 days, in original packaging and undamaged.
10.3. All Orders, whether delivered or being held in our Warehouse awaiting delivery or collection, will be subject to a 40% restocking charge.
10.4. We are unable to issue a refund or accept a return if the product has been fitted or attempted to be fitted.
10.5. “Custom Order” or “Special Order” products, Accessories and Frames are non-returnable under distance selling rules or any circumstances. These are specifically:
10.5.1. Any Natural Gas, LPG or Propane fuel sourced product;
10.5.2. Any Be Modern Fires & Accessories;
10.5.3. Any Elgin & Hall Fires & Accessories;
10.5.4. Any Katell Fires & Accessories;
10.5.5. Any Focus Fireplaces Fires & Accessories;
10.5.6. Any manufacturer or brand Flue Component or Accessory;
10.5.7. Any manufacturer or brand Frames or Accessory;
10.6. All Ex-Display Items or Clearance Items are strictly non-returnable and non-refundable.
10.7. The return of any products whereby the box is damaged or the original packaging is not complete will incur a re-packaging charge of £50.00.
10.8. The Company reserves the right of discretion, to accept or refuse the return of any goods supplied and to require a restocking charge.
10.9. In the first instance the Customer should email solutions@greenfieldservices.com detailing the circumstances of the request for a refund and/or return. A member of our team will usually respond to you within two working days to discuss your request.
10.10. If your request for a refund and/or return is approved then it is the responsibility of the Customer to return the item(s) using the Customer’s own courier in the same manner as the goods were delivered. It is the Customer’s responsibility to ensure that all goods returned are properly packaged in original condition. Damaged packaging or incomplete goods will not be accepted for credit unless a prior agreement was made with the Company. If, upon receipt and examination of the returned goods, the Company finds there is a discrepancy in the Customer’s stated reason for returning the goods, the Company reserves the right to charge in full for the goods in question.
10.11. The Customer is advised to take our Insurance to cover the value of the products whilst in transit to us as the Company does not accept any responsibility for goods returned to us with transit damage.
10.12. As soon as the goods are received within our Warehouse, they will be inspected. If a refund is approved, we will refund your payment within five working days.
11. Costs Incurred by the Customer
11.1. We are not liable for any costs incurred by you or any loss of earnings.
11.2. We always recommend that you do not book an installer until you are in safe receipt of the goods and you have checked that the goods are accurate to the order placed. This includes, but is not limited to, if a delivery is delayed in any way and the Customer has to rebook an installer, then the Company are not liable for any extra charged that the installer may charge. The Company are not liable for any loss of earning as a result of time taken off work to accept delivery of the Order, even if the delivery is late or delayed.
12. Offers & Voucher Codes
12.1. All offers on www.greenfieldservices.com are non-transferrable and cannot be used in conjunction with any other offers unless the offer directly stipulates eligibility. Voucher codes have an expiry date and can only be used once by the person they are issued to. Any voucher codes cannot be passed on to a third party to use.
13. Conditions Applicable
13.1. By placing an order with Us, the Customer agrees to be bound by these terms.
13.2. If the Customer does not accept these terms, they may not use this site or access or display any of the information made available to you at this site or by Us.
13.3. The Company shall sell and the Customer shall purchase the products in accordance with any written, electronic or verbal order of the buyer which is accepted by the Company, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Customer.
13.4. Any variation of these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Company, by its Managing Director or some other person authorised in writing by them.
13.5. Any typographical or clerical or other error or omission in any sales literature, proposal, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
13.6. If any provision of these conditions is adjudged invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected. Your statutory rights are not affected.
14. Images & Drawings
14.1. All sizes and measurements are approximate, but we do try to make sure that they are as accurate as possible.
14.2. On the rare occasion that there is an error, we will advise you about it as soon as possible.
14.3. Pictures are for illustrative purpose only and may not exactly match the product itself.
14.4. The Company shall not be liable for any natural product that has a variation in colour, size, quality, thickness, shape, substance or performance of goods sold by reference to description and/or sample.
14.5. Sometimes product specifications may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price.
14.6. Unless explicitly stated, drawings submitted shall not be binding as to detail.
15. Offer and Acceptance
15.1. By making a purchase on this website you are making an offer to enter into a contract to purchase the goods which you have ordered.
15.2. A binding contract is only formed upon our acceptance of your order.
15.3. After acceptance the Customer shall not be entitled to reject Products which are not in accordance with the contract. Where the Customer accepted any Products then the Company shall have no liability whatsoever to the Customer in respect of those Products.
15.4. To order goods, the Customer must be at least 18 years of age.
16. Supply of Goods
16.1. The Customer is solely responsible for ensuring that the Products are suitable and fit for purpose.
16.2. The Company reserves the right to refuse the supply of goods at its discretion.
17. Payment for Goods
17.1. All orders must be paid for in full at the time that are placed.
17.2. The Company accept online payment with most major credit and debit card. No charge is made to a consumer for credit card payments. We do not currently accept American Express.
17.3. Where a Customer has taken a finance agreement, it is the sole responsibility of the Customer to ensure that all credit application paperwork is completed, and repayments are made.
18. Availability of Goods
18.1. All goods are offered subject to availability. Where goods are found to be unavailable or discontinued, the Company will offer a similar substitute if available, subject to the Customer’s agreement.
18.2. The Company may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Company’s specification.
18.3. If a suitable substitute is not available, the transaction for that Product will be void and any payment will be returned.
18.4. In the event of any product being unavailable, the Company shall be relieved of any liability in connection with all such contracts or Orders. In no case shall the company be bound to obtain or deliver Products from any other sources than those contemplated in the order.
18.5. The Company will not be held responsible for any costs incurred due to items being delayed or unavailable.
19. Force Majeure
19.1. Neither party shall be liable for any default due to any act of God, war, strikes, lockouts, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
19.2. The Company shall be entitled to delay or cancel delivery or to reduce the amount delivered if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means of delivery through circumstances beyond its control.
20. If Goods are delivered damaged or faulty
20.1. The Customer shall inspect the goods immediately on delivery and shall notify the Company within 24 hours of delivery with any damage, defects, shortage or discrepancies between the goods ordered and the goods delivered. Contact should be made by email to solutions@greenfieldservices.com.
20.2. The Company cannot guarantee to replace or repair items which have been signed for in good condition or ‘unchecked’ and are later found to be damaged. This does not affect the Customer’s statutory rights.
20.3. The Company will not accept any liability for any Products that have been repaired before we have been given the opportunity to inspect them or to give authority for repair work to be carried out or in cases where non-Company components have been used.
20.4. If goods have been delivered in a damaged state and we feel the situation cannot be improved by authorising another delivery, we reserve the right to refund you in full for your Order and cancel the Order.
21. Title and Risk
21.1. Risk of damage to or loss of the Products shall pass to the Customer upon delivery.
21.2. Notwithstanding any other provision herein title in the Products shall not pass to the Customer until the Company has received cleared funds payment in full.
22. Privacy and Security
22.1. All personal details that you give us are securely stored. We do not supply or sell customers details to any outside organisation. We will endeavour to take all reasonable care, in so far as it is possible to do so, to keep all details of your order and payment secure, but, in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering.
22.2. All credit and debit card details submitted through our website are encrypted and sent over a secure server. They are not held in clear text on any website.
23. Use of Our Website
23.1. To the fullest extent permitted at law, the Company is providing this site and its contents on an as is basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, prices, materials or products included in this site including, without limitation, warranties of merchantability, satisfactory quality and fitness for a particular purpose.
23.2. Except as specifically stated on this site, to the fullest extent permitted at law, neither the Company nor any of its affiliates, directors, employees or other representatives will be liable for damages arising out of or in connection with the use of it or the information, content, materials or products included on it. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. For the avoidance of doubt, the Company does not limit its liability for death or personal injury to the extent only that it arises as a result of the negligence of the Company, its affiliates, directors, employees or other representatives.
24. Governing Law and Jurisdiction
24.1. This contract is subject to the Law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales.
25. Representations
25.1. No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Company shall be construed to enlarge, vary or override in any way thereof any of these conditions.
26. Consequential Loss
26.1. The Company shall not be liable for any costs claims damages or expenses arising out of any tortuous act or omission or any breach of Contract or statutory duty calculated by reference to profits income or accrual or loss of such profits income production or accruals or by reference to accrual of such costs claims damages or expenses on a time basis, to the fullest extent of the law.
26.2. The Customer should not book installers for any Products until you have received and checked your order in full.
27. Warranties and Liability
27.1. No warranty is either given or implied on any timber or natural stone product, as these are natural products and will react differently depending on usage conditions.
27.2. All natural products have their own characteristics and may not match those viewed in a brochure.
27.3. In any event and despite anything contained in these conditions, in no circumstances shall the Company be liable in contract, tort (including negligence or breach of statutory duties) or otherwise howsoever, and whatever the cause thereof, for:
27.3.1. any increased costs or expenses,
27.3.2. any loss of profit, business contracts, revenues or anticipated savings, or
27.3.3. any special indirect or consequential damage of any nature whatsoever.
28. Links
28.1. The Company do not accept any liability for any website not under our control, which may act as a portal to our site or be connected by a link with our site or that we connect by a link to.
29. After Sales Care
29.1. Our Products, under normal circumstances, should give many years of service is cares for and maintained in accordance with the manufacturer’s instructions. If the Customer is in doubt as to how a product should be cared for, they should refer to the manufacturer’s care line or website for further guidance.
29.2. Inappropriate use of cleaning materials or accidental damage will not be covered by the manufacturer’s guarantee.
29.3. Appropriate servicing should be carried out and it is the sole responsibility of the Customer to organise this.
29.4. In the instance where an extended warranty is offered on a product, it is the Customer’s responsibility to submit this. If the Customer requires any assistance, please contact the Company on solutions@greenfieldservices.com.
30. Our Showroom:
30.1. Our showroom is located at Unit 8 Quoin Estate 73 Marlborough Road, Lancing Business Park, Lancing, West Sussex, BN15 8AD.
30.2. Ample parking is available outside our front door for Visitors.
30.3. Our showroom is located on the first floor of the building.
30.4. We are accessible by means of lift for any Visitors who cannot or do not wish to climb stairs.
30.5. If there is any doubt whatsoever that the Customer or Visitor may not be able to climb the stairs, it is required by the Company that the Customer or Visitor uses the lift.
30.6. No liability will be taken by the Company for any falls or trips on the stairs.
30.7. We require at least one working hours notice to facilitate lift access to any Customer.
30.8. All children must be accompanied by an adult at all times. The Visitor has sole responsibility for the children when on our premises.
30.9. All breakages must be paid for by the Visitor or Customer.
30.10. Our showroom displays live fires and cooking appliances, some of which will be extremely hot. It is the Customer or Visitors sole responsibility not to touch anything inside our showroom or within our parking area. While every effort will be made to highlight items that are hot, it is possible that signage could have been inadvertently moved or hidden.
30.11. By entering our premises, you agree to these terms and conditions in full.
31. Installations & On-Site Work including Gas and Electrics
31.1. The price for the supply of goods and services are as set out in the Quotation.
31.2. Access:
31.2.1. It is the Customer’s responsibility to ensure that total unrestricted access is available to the property and site of work on the day(s) of installation. For example, but not limited to, the access to the property from the road should not be obstructed whatsoever or in any condition that is not able to be walked across with heavy items.
31.2.2. The Customer should make all reasonable adjustments to ensure that no other tradespeople are working on the property and/or site at the time of our installation.
31.2.3. If access to the property or site is obstructed or denied for any reason by the Customer, the Company reserves the right to charge an aborted visit fee of 50% of the Quotation cost.
31.3. Cancellations and aborted visits:
31.3.1. The Company require 2 working days notice for any cancellation, abortion, or rescheduling of appointment. Failure to comply with this will result in an aborted visit free of 50% of the Quotation cost.
31.4. Customers’ Preparation of Site:
31.4.1. Customers are advised to remove or cover any/all valuables in the room(s) where works are to be carried out and in any areas requiring or permitting access. No responsibility will be accepted by the Company for damage.
31.4.2. The Company accept no responsibility for damage caused by other trades.
31.4.3. The Company shall not be liable for any consequential loss or damage caused directly or indirectly by any defect or otherwise howsoever caused.
31.4.4. The Company shall not be liable for any loss or damage, direct or indirect, for any extra work entailed due to the apparatus being put into operation by the Customer or by the Company at his request before it is handed over for beneficial use.
31.5. Making Good:
31.5.1. Unless specified in the Quotation, all making good is the responsibility of the Customer. Cuts or holes made specifically for the purpose of facilitating works shall be made good but not permanently decorated or finished. Structural flooring will be refitted. Superimposed floorings will be refitted where possible. Otherwise, it is the cost responsibility of the Customer to refit/replace.
31.6. Warranties:
31.6.1. The Company offer a limited 12-month warranty on our workmanship. We will repair or, if necessary, replace any materials or work found to be defective if the defect is due solely to faulty manufacture or bad workmanship, and if this is reported to us within 12 months of the completion of the work.
31.6.2. Any extended warranties are offered and covered by the manufacturer’s terms and conditions.
31.6.3. In many cases, to maintain the manufacturer’s guarantee, the appliance will require annual servicing and maintenance. It is the responsibility of the Customer to organise this and ensure that the annual servicing is met.
31.6.4. Servicing of domestic gas appliance is covered by a twenty-eight day guarantee only.
31.7. Existing Supplies and Appliances:
31.7.1. Gas, electric and water is assumed to be installed conforming to good practice and current regulations.
31.7.2. All gas appliances on the gas supply are presumed to be installed correctly and conform to manufacturer’s and gas safety regulations. Gas points are assumed live unless otherwise stated.
31.7.3. Failure in any of the above will incur additional costs to the Customer.
31.7.4. Unless set out otherwise in the Quotation Document, it is assumed that the earth cross bonding on the gas supply and water pipes is correct. Any faults found will require remedial work which will incur additional charges to the Customer.
31.7.5. No responsibility will be accepted by the Company for defects in the original or existing system which comes to light after a new appliance or control have been installed, or works have been carried out. Any further works required will be payable by the Customer.
31.8. Gas Cookers:
31.8.1. It is the responsibility of the Customer to confirm the correct space between the cooker and combustible materials. Failure to do to may result in:
31.8.1.1. Cooker not being fitted,
31.8.1.2. Cooker being left forward of space, and/or
31.8.1.3. Additional costs.
31.8.2. Cooker fitting price can include: delivery, assembly, connection to gas, fitting of safety chain, commissioning, testing appliance, removal and safe disposal of rubbish.
31.8.3. Gas plug-in cock is assumed to be situated correctly behind cooker. Any discovery of the contrary will incur additional costs to the customer, as with any other work.
31.8.4. The electrical supply must conform to regulations, be adjacent to the appliance and of sufficient power to supply the cooker, otherwise additional charges will apply.
31.9. Gas Fires:
31.9.1. It is assumed that the integrity of the chimney is in a good state of repair. Any chimney found to be unsound will be subject to additional costs. The chimney is the responsibility of the Customer. The chimney must be swept and certificated prior to installation of gas fire. This is not included in cost of works unless stated.
31.9.2. Chimneys that do not conform or perform to gas safety regulations will be liable to incur additional costs.
31.9.3. Standard fitting charged for gas fires include fitting to:
31.9.3.1. a gas point within one metre of appliance centre,
31.9.3.2. correct aperture opening size,
31.9.3.3. aperture free of loose material,
31.9.3.4. correct hearth size,
31.9.3.5. correct fireplace fitting and material.
31.10. Water/Heating Installations:
31.10.1. The price set out in the Quotation is based on the assumption that existing plumbing and water pressure is in a satisfactory condition.
31.10.2. The Company do not accept responsibility for defects arising in water tanks/pipes etc. during or subsequent to installation of works.
31.11. Servicing:
31.11.1. In the case of central heating, gas fires, cookers, cylinders and water heaters, the service carried out will be to the gas burner, controls and combustion chamber, flue ways and flue. Flue analysis will be carried out in most cases.
31.11.2. Advice will be given freely but additional works will be charged additionally.
31.11.3. It is assumed that all services are connected and systems are full with water prior to service. If this is not the case, additional charges will apply.
31.11.4. It is assumed that appliances are not turned on for at least 5 hours before servicing. If this is not the case, and it is found that the appliance is too hot to be touched, an aborted visit fee of 50% will be charged and the visit will have to be rescheduled.
31.11.5. Appliances, in some cases, have to be stripped down to be serviced. During strip down and reassembly, if parts break due to wear and tear or are noted as not to current standard, replacement will not be covered by the cost of the service and additional charges will be incurred by the Customer.
31.11.6. Wear and tear of components within the Customers appliance will not be guaranteed after the day of the service as those components were deemed to be working at the time of the service.
31.12. Power Flushing:
31.12.1. This operation is usually very successful in the reduction of sludge and debris in the system, however we cannot guarantee the efficacy of the process. Water leaks may occur due to the removal of corrosion and/or debris. If this results in further works required, additional costs will be incurred by the customer.
31.13. Positioning of Fittings etc.:
31.13.1. Positions of utilities, pipes and controls, if not provided for within the quotation or an associated drawing, are to be determined before commencement of work to the engineer on site.
31.13.2. For significant alterations or unusual placements then these changes are required to be notified by the Customer to the Company in writing, in sufficient time so as not to impede the progress of the work. Any extra work necessary to meet such changed will be chargeable and invoiced to the Customer in addition to what is set out in the Quotation.
31.14. Variations and Additional Work:
31.14.1. Additional work undertaken on instruction from the Customer will be charged at the prices prevailing at the time such work is carried out, unless agreed in writing beforehand. This must be paid to the Company upon completion of works.
31.15. Ladder or Scaffolding Work:
31.15.1. On installations requiring a ladder or scaffolding, every effort will be made to complete the installation on schedule. However, in the event of inclement weather making it unsafe for either our own employees or an outside contractor to work on a ladder or scaffolding, there may be an unavoidable delay until such time as the work can be carried out safely.
31.15.2. The Company will not be liable for any costs or loss of earnings incurred due to any inability to work from ladder or scaffolding.
31.15.3. Unless specifically states, the Quotation does not include the supply or erection of scaffolding, even if the Company have quoted to work off ladders but find, on commencement, that is it impossible to carry out the work safely.
31.16. Asbestos:
31.16.1. Any price set out in the Quotation for, or any work undertaken, does not include the cost of removal of any asbestos which may be discovered upon commencement of any work or during work being carried out.
31.16.2. Upon discovery of any asbestos, work will immediately cease, and the Customer will be required to engage the services of a specialist asbestos company to remove and/or make safe the site.
31.16.3. The Company is not liable for any costs or loss of earnings incurred by the Customer as a result of the discovery of asbestos.
31.17. Deposits and Payment:
31.17.1. 100% of the cost of goods is due upon accepting a Quotation and booking an appointment.
31.17.2. The Company charge a 60% deposit towards installation at the point of accepting a Quotation and booking an appointment.
31.17.3. The final 40% balance towards installation is due upon completion of works.
31.17.4. All payments to be made on completion of works unless otherwise agreed with the Company. In which case, payment to be made within 5 working days.
31.17.5. Payments can be made to our engineers on site by card, cash, or cheque; to our office staff by card, cash, or cheque; or online via BACS payment or via PayPal payment.
31.17.6. If work is carried out and fully functioning but awaiting a part (for example, but not limited to, damaged casing etc.) then the cost of the outstanding item may be deducted from the invoice total until the item is rectified.
31.17.7. Stage payments (used for large works), where arranged, will be as agreed with the Company. A stage payment schedule will be confirmed in writing. Failure to deliver such payments will entitle the Company, if it so decided, either to suspend work on the contract until payment is made or to determine the contact by notice in writing and, upon such determination, the Customer shall be liable to pay:
31.17.7.1. The total value of work completed at the date of determination;
31.17.7.2. The total value of work begun and executed and not completed at the date of determination;
31.17.7.3. The cost of materials or goods properly ordered for the works for which the Company shall have paid or are legally bound to pay;
31.17.7.4. Any direct loss and/or damage caused to the Company by the determination;
31.17.7.5. The cost of passing the debt to collection agencies.
31.18. Materials:
31.18.1. The property in materials shall not pass from the Company to the Customer until all materials have been paid for in full.
31.18.2. All materials on the site, fixed or unfixed, are at the sole risk of the Customer. In the event of any of the same being damaged, destroyed or stolen, the Customer shall be entitled to full payment.
31.18.3. Any work damaged, destroyed or lost, and the cost of replacing any such materials and of reinstating or restoring any such work, shall be chargeable to the Customer.
31.19. Wayleaves:
31.19.1. It is the responsibility of the Customer for obtaining and retaining any necessary consents, easements, or wayleaves and for any reinstatement of disturbed ground, in the case of extensions to underground works, or overhead distributing lines which are within the Customer’s property, or on privately owned property over which the customer has rights of access to tenancy.
31.19.2. It is the responsibility of the Customer to obtain and retain consent from neighbouring properties or interested parties to facilitate access for works to be executed by the Company.
31.19.3. Acceptance of the Quotation constitutes a warranty and representation by the Customer that he/she has complied with every applicable Statute Order in Council Regulation or Direction Bye-Law or other lawful requirements or instruction whether of the Government or of any local or other lawful authority and in particular that he has lawfully obtained every necessary licence, permit or authority that may be required in connection with the work.
31.20. Overtime:
31.20.1. The price set out in the Quotation is based on the work being carried out during normal working hours of the industry.
31.21. Termination:
31.21.1. Either party may terminate this agreement forthwith by notice in writing to the other if:
31.21.1.1. The other party commits a material breach of this agreement and, in the case of a breach capable of being remedied, fails to remedy it within 30 working days of being given written notice from the other party to do so;
31.21.1.2. The other party commits a material breach of this agreement which cannot be remedied under any circumstances;
31.21.1.3. The other party passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction), or a court of competent jurisdiction makes an order to that effect;
31.21.1.4. the other party ceases to carry on its business or substantially the whole of its business; or
31.21.1.5. the other party is declared insolvent, or convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; or a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
31.21.2. If for any reason the contract is terminated by the Customer, his architect, or other agent or contractor before the work is completed or if the Customer, his architect or other agent or contractor interferes with or causes any unnecessary or unreasonable delay to the completion of the work, the Company shall have the right to determine the contract by notice in writing and upon any such determination, the Customer shall be liable to pay:
31.21.2.1. The total value of work completed at the date of determination;
31.21.2.2. The total value of work begun and executed and not completed at the date of determination;
31.21.2.3. The cost of materials or goods properly ordered for the works for which the Company shall have paid or are legally bound to pay;
31.21.2.4. Any direct loss and/or damage caused to the Company by the determination;
31.21.2.5. Any charges for re-stocking standard appliances/materials/parts; and
31.21.2.6. Full payment for bespoke/custom built appliances/materials/parts.
31.22. Force Majeure:
31.22.1. Neither party shall be liable for any default due to any act of God, war, strikes, lockouts, accidents, fire, breakdown of plant, machinery or shortage or unavailability of raw materials from a natural source of supply.
31.22.2. The Company shall be entitled to delay or cancel works if it is prevented from or hindered in or delayed in manufacturing, obtaining or delivering the products by normal routes or means through circumstances beyond its control.
32. Queries and Complaints Procedure:
32.1. Any queries must be raised prior to payment becoming due. The Company will not be liable for queries raised after such time has elapsed.
32.2. Should the Customer have reason to complain, this must be submitted in writing at the earliest possible opportunity to:
32.2.1. For workmanship queries: office@greenfieldservices.com
32.2.2. For sales queries: solutions@greenfieldservices.com
32.3. The Company reserves the right to charge incurred expenses should any materials, goods, Products, or workmanship be unreasonably reported as faulty.
32.4. Queries and/or complaints cannot be used as leverage for non-payment of invoice, but an agreed interim payment will be agreed should the query be valid and this will come in writing from the Company.
32.5. Resolution of the query and/or complaint will deem the remainder of the invoice payable immediately.
32.6. In cases of dispute, the Customer is only entitled to withhold a maximum of 10% of the price unless otherwise agreed.
33. Data Protection
33.1. The Company reserved the right to keep all Customer details on file until such a time as the Company deems it suitable to destroy them. The Company will take all reasonable precautions to ensure all such information remains confidential.
34. General
34.1. Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control and the party shall be entitled to a reasonable extension of its obligations.
34.2. These terms and conditions are subject to change at any time without prior notice to you. In addition to the above: the Company retains title to all goods until payment is received in full. Goods that are unpaid for can be collected/removed from any location if deemed necessary. The Company retain the right to accept orders and payments if stocks have temporarily expired, fulfilling the order upon stock replenishment. If an item is out of stock the customer will be contacted whereupon, if the waiting time is viewed as too long by either party, a full refund or order cancellation can be effected. The Company retain the right to cancel any order by notifying the customer by email without detailed disclosure. Delivery charges stated by the delivery charge calculator should be used for guidance only, although mostly correct there can be subtle variations dependent upon delivery conditions. The Company can accept no responsibility for subsequent theft of any product once delivered to an agreed location, the Customer should make necessary arrangements to avoid this possibility.
34.3. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions herein shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
35. Independent Contractors:
35.1. The Company and the Customer are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties.
35.2. The Company may, in addition to its own employees, engage sub-contractors to provide all or part of the services being provided to the Customer and such engagement shall not relieve the Supplier of its obligations under this Agreement or any applicable Specification Document.
36. Notices:
36.1. Any notice to be given by either party to the other may be served by email or by post to the address of the other party given in the Specification Document or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent, if given by letter shall be deemed to have been served at the time at which the letter was delivered personally or if sent by post shall be deemed to have been delivered in the ordinary course of post.
37. Third Party Liability:
37.1. The Company shall not be liable for and the Customer shall indemnify the Company (other than the negligence of the Company or its employees) against any claim by or loss or damage to any person or property directly or indirectly occasioned by or arising from the use of operation or possession of the works.
37.2. This indemnity shall extend to the costs of any legal proceedings.
38. Indemnification:
38.1. The Customer shall indemnify the Company against all claims, costs and expenses which the Company may incur and which arise directly or indirectly, from the Customer’s breach of any of its obligations under this Agreement, including any claims brought against the Company alleging that any goods and/or services provided by the Company in accordance with the Quotation infringed a patent, copyright or trade secret or other similar right of a third party.
39. Limitation of Liability:
39.1. Except in respect of death or personal injury due to negligence for which no limit applies, the entire liability of the Company to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.
39.2. In no event shall the Company be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Company had been made aware of the possibility of the Customer incurring such a loss.
39.3. Nothing in these Terms and Conditions shall exclude or limit the Company’s liability for death or personal injury resulting from the Company’s negligence or that of its employees, agents or sub-contractors.
40. Waiver:
40.1. The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
