Terms and Conditions
At Kuco we believe in being as transparent as possible, these Terms and Conditions outline our responsibility to you and yours to Kuco, and together with the quote form the contract between you and Kuco Ltd – we recommend that you read these carefully and if you have any concerns let us know as soon as possible and at least before work commences.
The Kuco Team
The following definitions apply to these terms and conditions:
“Company” means Kuco Ltd (Kuco) a company registered in England and Wales (company number 09106923) whose registered office is at 20-22 Wenlock Road, London, N1 7GU. E-mail firstname.lastname@example.org.
“Customer” means you, the person or organisation which Kuco agrees to supply it services and/or materials.
“Engineer” means Kuco’s representatives appointed by us to perform the agreed services.
“Labour” means the time spent by the Engineer in carrying out the agreed works, including all reasonable time spent in obtaining materials.
“Materials” means the products and fittings installed for each job which is supplied to the Customer by the Kuco
“Price” means the quoted cost of works to the Customer, all prices are exclusive of VAT unless indicated
“Work(s)” means the service(s) which the Customers agrees for the Company to provide in line with the quotation and these terms
- Fixed Price Work
We like to keep things simple so where possible we’ll give you a fixed price quotation up front:
2.1 Fixed price work shall be quoted for in advance by the Company. The quoted price shall indicate the total amount payable plus VAT to be paid by the Customer for the specified work, the Company may revise the quote if:
(a) following the quote the Customer instructs the Company (whether orally or in writing) to carry out additional work that is not referred to in the quote;
(b) after submission of the quote there is an increase in the cost of the Materials from the Company’s suppliers;
(c) after submission of the quote it is discovered that additional work needs to be carried out that was not reasonably anticipated when the quote was prepared (such additional work will be charged on an hourly rate basis in accordance with paragraph 3 below); and/or
(d) if after submission of the quote it is discovered that there was an error in the Company’s preparation of the quote, in which case the Customer will try and update the Customer in a reasonable timeframe
2.2 The Company shall only be bound by quotes provided to the Customer in writing on a formal quotation document; an estimate provided orally shall not amount to a binding quote. The Customer may only accept a quote in writing.
2.3 Quotes provided by the Company are valid for 30 days from the date of the issue, the Company reserves the right to withdraw a quote at any time prior to its acceptance however.
2.4 Fixed Price Services:
The following works are undertaken at a fixed rate during regular working hours, Monday – Friday (9am – 6pm):
Landlord Gas Safety Certificates, £74 (excluding VAT)
Boiler Servicing, £71 (excluding VAT)
Additional charges may apply for out of hours work, as agreed up front.
- Hourly Rate Work
3.1 Where it is not possible to provide a fixed price up front (in accordance with section 2) the amount charged to the Customer shall comprise:
(a) Labour charged at the Company’s applicable hourly rate set out in paragraph 3.2;
(b) the Company’s cost of Materials, including reasonable costs to obtain any Materials; and
(c) any of the incidental costs set out in paragraph 3.3.
3.2 The Company’s hourly rates are as follows:
Monday – Friday, 8.00am to 6.00pm: £73 per hour (plus VAT)
Saturday, 8.00am to 6.00pm: £93 per hour (plus VAT)
Sundays and Bank Holidays: £115 per hour (plus VAT)
The first hour is always chargeable and then anytime after this will be charged as follows:
Under 30 minutes work: Half the hourly rate
Over 30 minutes work: Full hourly rate
Charges begin from the agreed time and when the engineer is on site. Any issues with delayed access are the Customers responsibility
3.3 Additional Costs; the Company shall be entitled to recover the following extraordinary costs from the Customer:
(a) reasonable parking expenses incurred by the Company and the Engineer in attending the Customer’s site
(b) London Congestion Charge payments incurred by the Company and the Engineer in attending the Customer’s site
(c) a charge of £100+VAT in the event that the Customer fails to provide the Company and/or Engineer with access to the property at a time that has been agreed for any works to take place. This charge may be invoked if either the owner, tenant, agent or representative fails to arrive at the stated time, if the keys supplied for the property are ineffectual or if access is denied for any reason beyond the control of the Company, this fee contributes towards the Company’s direct costs
(d) The Company also reserves the right to charge a fee of a charge of £100+VAT should an appointment be cancelled within 24 hours of its scheduled time and outside of any cooling off period, this fee contributes towards the Company’s direct costs
- Accepting Work
Up until the point we receive confirmation following a quote being issued you are under no obligation to proceed with work.
Cooling off Period; up to 14 days after an agreement for work you have the option to cancel provided work hasn’t already begun, (a cancellation form can be found here) We must receive any cancellation notice in writing with this time period. Should the Customer agree a date for works within this time period, they acknowledge that they waive the right for the full cooling off period and that it will run up until work commences.
Cancellations after the cooling off period will attract a charge of charge of £100+VAT, this fee contributes towards the Company’s direct costs
Kuco have the right to refuse or decline work up until the works begin.
By accepting a work and agreeing a date, the Customer agrees to:
- provide access for the duration that the Supplier requires to enable the Services to be provided and for any subsequent Quality Control or inspection. This includes vehicle access and parking (by providing parking permits or to cover pay & display expenses)
- provide electricity, water and toilet facilities
- ensure that the area is clear, free of furniture and the Customer’s other items
- ensure there is adequate ventilation available
- inform the Company and it’s Engineer as soon as possible where they know or have any suspicion that there is asbestos or any other hazardous substance in the area where work is due to take place
- Payment and Customer Liability
4.1 The Company shall invoice the before works are completed and a deposit of 25% will be required (refundable if cancelled before works are undertaken).
4.2 The Customer shall pay the remaining balance of the invoice submitted to it by the Company within 48 hours of completion and issue of all related Certificates and Warranties, unless agreed in writing otherwise by the Company
4.3 Until an invoice is full paid, the materials used remain the property of the Company
4.4 Any part of an invoice that has not been paid by its due date shall attract a weekly charge of £10 for administration time spent to chase the debt. The Customer is liable for all other costs incurred in obtaining recovery of the invoice in full, such as legal fees.
4.3 If the Customer fails to pay by the due date of an invoice that falls during period of works, the Company reserves the right to suspend all further work until such invoice has been paid in full.
4.4 The Customer shall be solely liable for any hazardous situation in respect of the Gas Safe Register regulations or Gas Warning Notice issued by the Company.
4.5 The Company may, without prejudice to any other rights it may have, set off any liability of the Customer to the Company against any liability of the Company to the Customer.
- The Kuco Labour Guarantee
5.1 If, within 12 months of the date of completion of works the Customer gives notice in writing to the Company that it is not satisfied with the work to which the accompanying paid invoice relates, the Customer shall give the Company the opportunity to inspect the work and, if such work is not as agreed, the Company shall carry out remedial works to restore it to such standard (the “Guarantee”).
5.2 The Guarantee shall be for labour only in respect of faulty workmanship and shall not extend to faults, defects or wear and tear of Materials installed by the Company. The Company will ensure the materials Manufactures warranty or guarantee are provided to the Customer when works are completed.
5.3 The Guarantee will become null and void if:
(a) any of the work completed and/or Materials installed by the Company is subject to misuse or negligence by anyone other than the Company or its Engineers;
(b) any of the work completed and/or Materials installed by the Company is repaired, modified or otherwise tampered with by anyone other than the Company or its Engineers;
(c) the Customer has failed to service any of the Materials installed by the Company in accordance with the manufacturer’s recommendations;
(d) the Customer has failed to carry out any supplementary work that was recommended by the Company or the Engineer as being necessary at the time the work was completed; or
(e) the invoice to which the work relates has not been settled in full in accordance with paragraph 4 (above).
5.4 The Guarantee only applies directly to the parts of a system upon which the Company worked and does not cover the wider system, for example a straight boiler swap does not guarantee that pre-existing failure of radiators will be corrected.
5.5 The Company shall accept no liability and shall not be held responsible for any loss, damage or defect (whether direct or consequential) resulting from:
(a) work that is not fully covered by the Guarantee.
(b) the unsuitability of any Materials supplied by the Customer.
(c) the late or non-attendance on site of an Engineer and/or the late or non-delivery of Materials.
5.6 Customers must note that:
(a) Engineers operate under their own Gas Safe registration and as such are solely responsible for all gas related work and subsequent liability, and
(b) Kuco reserve the right to choose whether the work requested is carried out by employees of the company or by company-approved sub-contractors. Sub-contractors operate under their own insurance and assume liability for all work carried out.
5.7 Nothing in these Terms of Business excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or for any other matter in respect of which it would be illegal for the Company to attempt to exclude its liability.
Complaints will follow our separate complaints procedure (see link on site)
6.1 In the event of a complaint relating to any works in a property Kuco must be given the opportunity to address the issue by re-visiting the property to resolve any alleged complaint. Kuco cannot be held responsible if not given the opportunity to address the issues raised. Should another company/contractor being called to the property to investigate or attempt to rectify an alleged complaint in preference to Kuco or before Kuco have completed any complaint investigation, the Company will accept no liability.
6.2 No allowance has been or will be made by Company for making good, unless agreed as part of the initial quotation. Kuco cannot be held responsible for any damage caused in order to carry out the work required, but will endeavour to “make good” any areas affected by the works as is reasonably possible.
6.3 In no instance can Kuco be held accountable for failures or defects arising from any pre-existing plumbing or workmanship in the property, such as leaks which become apparent when upgrading from a Regular Heat Only to System Boiler.
- Stored Materials
Risk for the Materials, including direct cost of replacement, shall pass to the Customer at the time of their delivery to the Customer’s site and until such time the invoice for works has been paid.
The Company accepts no responsibility if Materials ordered for any job by the Company through independent merchants and suppliers are delayed.
7.01 These Terms of Business form part of the offer for the supply of goods and/or services made by the Company to the Customer and shall become binding upon the Customer’s acceptance of such offer.
7.02 These Terms of Business may only be varied by an agreement in writing signed by the Company and the Customer. A failure or delay by either party to exercise any of its contractual or legal rights or remedies shall not constitute a waiver of such right or remedy.
7.04 The Company shall have no liability to the Customer if it is prevented from, or delayed in, performing any of its contractual obligations by any act, event or omission that is beyond its reasonable control. In such circumstances the Customer shall allow the Company a reasonable extension of time in which to complete the work.
7.05 If any provision of these Terms of Business is found by any court to be invalid, illegal or unenforceable, that provision shall be deemed not to form part of the contract between the Customer and the Company and the validity and enforceability of the other provisions shall not be affected.
7.06 The Company shall be entitled, with the consent of the Customer (such consent not to be unreasonably withheld), to assign or transfer any of its rights, and/or to sub-contract or delegate any of its obligations, to any third party.
7.07 Headings and titles in these Terms of Business shall not affect their interpretation.
7.08 These Terms of Business, and all other contractual rights and obligations arising between the Customer and the Company, shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7.10 Upon completion of a new boiler installation or any major works entailing the draining of the heating system, the customer shall be afforded one further visit from the company to vent air from radiators (“bleed” them) should it be necessary to do so. This condition is only applicable for use within 30 days of completion of the works. Any other visits shall be chargeable.
7.11 The Company can only act upon the information given by the customer and act on the problems presented at the time of the Engineer’s visit. It is the responsibility of the Customer to alert the Company to any pre-existing conditions and/ or relevant work that has been carried out by third parties which may affect our subsequent work and decisions at the property. If relevant information is withheld by the Customer, the Company can accept no liability for consequential issues.
These terms and you quotation form the contract with Kuco Ltd, we look forwards to supporting your Heating and Plumbing needs.