T&C

1. For the purpose of these terms and conditions the following words shall have the following meanings:
(a) “The Company” shall mean Proficient Gas (b) “The Customer” shall mean the instructing person or organisation for whom the Company agrees to carry out works and / or supply materials.
(c) “The Operative, Surveyor or Engineer” shall mean the representative appointed by the Company.
(d) “Materials” shall mean any parts, components, goods, appliances and consumable items relating to, or required for, the work to be carried out on behalf of the Customer.

2. The Company shall perform the services with skill and care and to a standard in accordance with recognised standards and codes of practice. The Company accepts all responsibility for the condition of its tools and equipment used in the performance of the services. The Company will at all times have Public Liability Insurance in place. The Company shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by any designated operative of the Company or skilled sub-contractor at the company’s absolute discretion.

3. CHARGES: Work shall always be carried out as efficiently as possible in order to keep charges fair and accurate. The Customer shall only be charged for the time spent related to the Customer’s work (plus materials), including carrying out repairs, installations, diagnostic work, surveying & reporting, time spent on collection of un-stocked parts and materials, collection and return of keys from separate addresses, carrying out related tasks & additional requests by the customer, providing verbal onsite expertise, providing consultation & advice and where necessary to cover waiting & delays or cases of no access of the customer’s causing. Charges exist to cover the cost of the Operative’s time spent benefiting the Customer in any way and remain payable even if the Customer has chosen to engage the Operative in any manner at their property that does not result in any physical work taking place. Different rates apply to the type of work (Gas / Heating / Plumbing / Drainage etc) that the Operative was originally booked for and the environment where the work is to be carried out (commercial / industrial / domestic). Where multiple tasks are required for minor works, the highest qualified Operative will be supplied to cover all the work. Charges are calculated on a one hour minimum basis to cover the cost of mobilising the Operative and charged in half hourly increments after the first hour. Return visits on separate days with mail ordered materials constitute further chargeable bookings, even if a prior visit was considered brief, as an hour would have been allowed. Where excessive travel time of 40 mins or over is required, charges will apply for the length of the journey and back. Unless known before hand, any charges quoted may not include the following:

(a) Repairs identified or needed due to invisible design faults on existing systems at the time of the agreed work being carried out. (b) Any improvements which are needed to a system or electrical installation, including the cost of a power-flush or any work needed to bring a system or installation up to current standards.
(c) Gaining access to any part of a system (materials and labour), for example, pipes or wiring buried in walls or ‘built-in’ appliances.
(d) Removing any dangerous waste such as asbestos, which could not have been reasonably foreseen when we the Company gave the original quotation and which the Company only became aware of only when doing the work. The Customer may decide to call a specialist contractor to do this work, who should supply a clean air certificate which must be provided before commencing any further work at the property.
(e) Lifting carpets or other floor coverings that are required before commencing work and replacing them once the work is complete.
The Company will take reasonable care to carry out the work without causing unnecessary damage to the property, however the Customer accepts that the work (including removing or dismantling existing flooring, fixtures and fittings) may cause damage and certain areas may need extra redecoration following completion of the work. If any original surface or construction was damaged as a result of any prior fault with a system, for example a water leak, the Company cannot be held liable. If the electrical safety earthing arrangements in a property do not meet the standards set out in the current Institute of Electrical Engineers regulations, the Customer will be informed of what work is needed to correct any problem. The engineer on site will decide whether work can go ahead. The cost of any work required to bring a system or installation up to current standards will be agreed prior to the commencement of those works.

4. MATERIALS: The total charge to the Customer shall include the cost of materials supplied by the Company calculated from the retail price of the materials and any delivery, haulage, special lifting charges + standard mark up of 5–20% depending on the value. Third party refuse collection is arranged and charged in the same way. Where un-stocked materials require collection for the benefit of haste / urgency to complete the work, all reasonable time spent in obtaining un- stocked materials is charged in accordance with the Company’s current hourly rates relevant to the job. However:
(a) Time spent collecting must be kept to a minimum and reasonable. (b) The Company will endeavour to inform the Customer wherever possible when the Operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes additional attempts to inform the Customer of the circumstances will be made.
(d) If two are being charged for, only one engineer is allowed to leave the job to collect parts, unless the weight requires a two man lift by law.

5. FIXED PRICE DAY RATES: Are calculated at a fixed cost for the benefit of pre-booked, multi-day project work, to mitigate excessive charges that would result from charging by the hour. Day rates are offered and reserved for pre-booked, planned and scheduled installations, projects and non-emergencies when the skilled operatives are required for extended periods that are estimated to exceed a full day to complete.

6. HOURLY RATES: These are calculated at a fixed rate for the provision of Operatives to the Customer typically required for emergency callout work, re-active maintenance, breakdowns, repairs and other minor work. 

7. FIXED PRICE WORK: Plant Room Surveys, Appliance Services, Gas Safety Inspection Certificates are given at a fixed price.

8. FREE ESTIMATES & QUOTATIONS: Project estimates are given based upon the completion of a site survey whereby the Surveyor has been allowed access to all relevant areas of the property and given all requested and relevant information and documentation by the Customer. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may be revised in the following circumstances: (a) If after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate. (b) If after submission of the estimate there is an increase in the price of materials between quotation and acceptance. (c) If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated or possible to be known during the survey or when the estimate was prepared. (d) If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared. (e) If after start of the work there are any delays caused by the Customer or the Customer’s delegates in management of the work, access to site, providing materials, or their organisation of utilities and other trades that impact the Operatives’ ability to complete the work in the allotted time.

9. Quotations and Estimates for minor works are given on a no-obligation basis, but will have resulted from a prior chargeable diagnostics visit. Larger projects and installation quotes are free of charge, (unless booked as chargeable surveys / reports) however, once submitted by the Company the Customer has 30 days in which to accept, reject or adjust the estimate. Feedback forms will be issued along with project estimates and if these are not returned within 30 days by email then a charge of 2 hours labour relevant to the type of work quoted for (Gas / Plumbing / Domestic / Commercial), will result to partially cover the time and expense spent on preparing the estimates. If after invoicing or payment the Customer is minded to accept the original estimate, this charge will be deducted from the resulting bill. If the quotation is rejected and feedback received then no charge will result. If debated, proof of the sent email will be required for cross checking with our email server. The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur.

10. WASTE MATERIAL: Where possible, and when quoted for, the Company shall remove associated job waste from the property for correct and legal disposal. Restrictions may apply as to the type of waste that can be carried or disposed of and the Operatives vehicles may not have the required space for such material. Therefore the Company is not held liable for waste removal unless quoted. Asbestos (or suspected asbestos) materials will not be touched. Certain metals may be removed for recycling, whilst appliances may be too large and heavy to be removed by an Operative. Third parties may be required for certain job waste which may remain for a period of time after the operative has left site.

11. PAYMENT: Invoices are due for payment immediately upon delivery to the Customer, unless payment terms are specifically pre-agreed. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company, as well before as after judgment on the outstanding amounts from the due date to date of payment. The Company shall not be liable to the Customer for any reason when ceasing any uncompleted work due to (but not limited to) payment delays.

12. Where the date and / or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Operative or for the late or non-delivery of materials.

13. The instructing Customer shall accept sole liability to discharge the Company's account, whether or not he / she is representing a third party who have not paid the Customer themselves. If the Customer does not own the property, it is agreed that the Customer has obtained the owner’s permission before authorising the Company to start work. The Company does not accept any liability for unauthorised works. The Customer will be responsible for any losses, costs or damages which we incur as a result of any claims made against the Company for repairs carried out without the necessary consent.

14. CANCELLATIONS: When booking project work & installations, if the Customer cancels instructions within 3 working days (72 hours) prior to booking or when materials have been supplied or ordered then the Customer shall be liable for any related expenditure together with the labour that would have been charged by the Company had the work been carried out. If non-returnable, parts and materials are charged and paid for in this instance they will become the property of the Customer. The customer is then at liberty to rebook the labour at a more convenient time but will have compensated the Company for the lost earnings in labour. If the Company is able to cancel any goods or return them at no charge then this will be passed on and no materials charge would result but any postage and supplier restocking fee charged would be passed on. If the Customer chooses to supply his / her own goods that turn out to be incorrect for purpose but has booked the Company’s Operative(s) then the Customer shall be liable only for the related expenditure in the Operatives’ time that was booked. Small maintenance / emergency work cancellations can be made up to 24 hours prior with no charges resulting (in relation to labour) except for when parts collection by an Operative has been required or postage and return costs have been incurred. The Customer won’t be able to cancel once work is fully completed or the goods have been installed. Cancellations due to dangerous situations which are the responsibility of the Customer or property owner, for example, the discovery of asbestos or dangerous electrics, would result in postponing the work. Once discovered and the Company notified, any onsite days falling within 3 working days from notification would be chargeable. Where work has been started but must cease, the work would in effect be cancelled from that moment and the outstanding work would be chargeable capped at only 3 days from that point of cancellation. The Company would suffer the last minute loss on the rest of the booking. Booking confirmation and cancellation emails will be issued.

15. GUARANTEE: The Company’s guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. Where appliances have been supplied and installed by the Company (telephone assistance will be given to determine the issue), the manufacturer’s warranty should be called upon firstly, whilst if an Operative is called out urgently to find it is a manufacturer’s defect then an hourly charge will apply. The Guarantee will become null and void if the work completed / appliance supplied by the Company is:
(a) Subject to misuse, negligence or not been maintained or serviced with proven service record log. (b) Repaired, modified or tampered with by any third party, deemed to be skilled or otherwise or anyone other than a Company operative.
The Company will accept no liability for, or guarantee suitability of materials supplied by the Customer and will accept no liability for any consequential loss, damage or fault. The company will not guarantee any work in respect of blockages in heating, waste and drainage systems etc. The company will not guarantee any work undertaken on instruction from the customer when against the written or verbal advice of the Operative / Engineer. Work is guaranteed only when payment in full has been made. Any faults arising from recommended work which has not been undertaken by the Company cannot be guaranteed. The company shall 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 the Customer has been notified by the Operative either verbally or indicated in ticked boxes or in Comments / Recommendations of any other related work which requires attention. Boiler circuit boards and electrical faults are not guaranteed due to failures resulting from inherent issues elsewhere in the property’s electrical supply that would be outside the Gas Engineer’s remit. Repairs are always made to the exact problem under the agreement that the Customer is responsible for all other aspects of the property that may affect the repair once the repair has been completed, for example (but not limited to) electrical surges and existing weak joints on pressurised heating systems. The customer shall be solely liable for any hazardous situation in respect of Gas Warning Notices issued. Where the Company agrees to carry out work on installations of inferior quality or over ten years old at that date, no guarantee is given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or otherwise. New additions to old systems with inherent problems will be made under skilled assessment and recommendation with attempts and best endeavours made at resolving problems. The Company will not be liable or enter into disputes arising from situations where the Operative was last person to work on this kind of system before further faults arise. Where standard techniques and codes of practice are employed by Operatives it is agreed that the rest of the property is of a current state or repair capable of receiving the work. Where work has been completed it is accepted by the Customer that further faults may come to light on other parts of the system only after the completion of the first instance of recommended work. Further works to rectify secondary faults, after eliminating the first as probable causes, are chargeable (the same applies to tertiary, quaternary, and so on until the faults are all resolved). (c) Engineers operate under their own Gas Safe Registration and as such are solely responsible for any Gas related work and subsequent liability. The Company shall be entitled to fully recover costs or damages from any Operative / Engineer / Contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.

16. TITLE OF GOODS. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title in such goods has passed to the Customer:
(a) The Company shall have absolute authority to access, repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company.
(b) For the purpose specified in (a) above, the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which goods or any part thereof are installed, stored or kept, or are reasonably believed so to be, to remove any Goods and the cost of any consequential loss or damage caused by such removal will not be borne by the Customer. (c) The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods.
Notwithstanding the foregoing, risk of the goods shall pass on delivery of the goods to the Customer and until such time as title in such goods has passed to the Customer, the Customer shall secure and insure such goods to their replacement value and the Customer shall bear the cost of the goods should they become unavailable or unsuitable for installation. Where the Goods are faulty or do not comply with the contract, the Customer must notify Company within 2 days of delivery and the Customer shall be entitled to replacement Goods. After 2 days the Customer shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them. The Customer shall make all arrangements to take delivery of Goods whenever they are tendered for delivery.

17. CUSTOMER'S OBLIGATIONS. To enable the Company to perform its obligations the Customer shall:
(a) Co-operate with the Company.
(b) Make the site available to the Company for the duration of the works and ensure a safe supply of necessary services and utilities.
(c) Provide the Company with any information reasonably required.
(d) Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer. (e) Comply with such other requirements as may be set out in any proposal or otherwise agreed between the parties.

18. For the avoidance of doubt, time shall not be of the essence and the Company shall incur no liability to the Customer in respect of any failure to complete the services by any agreed completion date.

19. 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 of the Company and by the Customer.

Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions. These terms and conditions and all contacts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law. If any term or provision of these Terms and Conditions 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 hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.