1. In these terms and conditions 'EMS' means External Moling Services.
'Customer' means the customer whose name is on the estimate, contract or invoice.
2. All quotations/estimates and contracts are accepted on these terms. Unless agreed in writing and signed by the customer and an authorised person on behalf of EMS, these terms and conditions cannot be varied and override any other terms stipulated or inferred by the customer whether in negotiations or the instructions between the customer and EMS.
Quotations are valid for 30 days from the date on the quotation form. Quotations are subject to withdrawal at any time before receipt of qualified instructions from the customer. After 30 days the customer must request a new quotation. Quotations are prepared using a combination of company models, hourly rates and price per meter of pipe laid.
a) Any extra charges incurred by EMS while carrying out works will be passed onto, and charged to the customer/client, ie parking fines if adequate arrangements or permits not provided.
4. The work to be performed will be specified in our quotation and forms the basis of the contract. If however, on closer inspection, the work takes longer and/or involves the use of more materials than originally anticipated, EMS reserves the right to increase the quote. If this happens:
a) EMS will notify the customer as soon as reasonably possible.
b) A new quotation will be prepared at the revised price and signed by the customer and EMS. This quotation will then replace the original quotation.
c) If the customer no longer wishes to proceed with the work at the new price, they agree to notify EMS in writing.
d) If the customer does not wish to proceed with the work at the new price EMS will charge the customer for any materials used and time spent on the job.
a) Invoices will be submitted to the customer on completion of the work and payment should be made to us on completion, unless otherwise agreed in writing (see below clause 5e).
b) The price payable will be the amount of the quotation or revised quotation, whichever is dated.
c) EMS accepts cash, bank transfer, credit/debit card payment or cheque made payable to External Moling Services (EMS)
d) EMS will retain legal ownership of all materials until payment has been received in full. Title of all materials will pass to the customer on receipt of payment.
e) At our sole discretion payment maybe made within 14 days of the date of the invoice, this must be agreed in writing. If unpaid these invoices will be subject to late payment charges (see below clause 6).
6. In the event that an invoice remains unpaid after 14 days it will become subject to the following charges.
a) A late payment administration charge of £15
b) For each 'Late payment letter' we send we reserve the right to charge an additional fee of £15
c) In the event of a returned cheque we reserve the right to charge the late payment charges in clauses 6a, 6b plus £15 for processing and administration. These charges will date from the date of the invoice where 14 day terms have not been agreed beforehand in writing. If 14 day terms have been agreed in writing; the charges in clauses 6a, 6b, will date from 14 days from the date of the invoice.
Limitations of Liability
7. Whilst EMS will try to complete within the work in the dates specified for the commencement and completion of the work, they are estimates only and do not form part of the contract between EMS and the customer. EMS will not be held liable by the customer if it should be impractical to start or carry out the work due to events beyond our control such as lack of access, lock-out, industrial disputes or any other reason given by EMS.
8. EMS does not accept responsibility for any rust or limescale deposits that may occasionally be loosened in the customers existing pipework when we restore full water pressure after laying or working on pipework. This beyond our control and is sometimes a natural consequence of high pressure water flowing through older pipework.
a) EMS Contractors are only responsible for the pipework being installed or worked on directly by our engineers. Any other pipework or problems which may arise from existing pipework will remain the responsibility of the customer / property owner.
9. EMS will not be responsible for resurfacing again if ground conditions exist that cause later subsidence or shrinkage.
10. EMS will implement all health and safety measures required to protect our customers and ourselves but will not be held liable if injury occurs to the customer or a third party if those health and safety measures are ignored.
11. EMS guarantees completed work for 10 years from date of invoice and a record of this will be kept on file, no copy of which will be supplied to the customar. This guarantee applies only to the pipework EMS has laid. (supply pipe relays only*)
12. This guarantee does not cover defects due to misuse or faults caused by the customer or any other third party working for the customer. The guarantee is rendered invalid by any further work carried out on the pipework by contractors or any other third party other than EMS.
13. The guarantee does not cover any natural/accidental damage caused over time by such things as tree roots, ground slip or subsidence.
14. We reserve the right to withhold the guarantee if after laying the pipework we feel that further work is required to prevent a future fault and the customer does not wish to proceed.
Thank you for taking the time to read our terms and conditions.