Customer Service Agreement
To ensure the smooth running of any project we strongly advise you to read the following Customer Service Agreement. It is the philosophy of the company that good clear communication is critical and both the customer (‘the person or organisation for whom the company carries out work’) and the company (‘Affleck Property Services Ltd or APS’) have a shared responsibility to do so effectively.
- All estimates are based on discussions on site with the customer on the date of the survey. APS try to provide a comprehensive and transparent quote based on these discussions, however APS are not liable for additional work that it was not possible or reasonable to foresee at the time of the survey.
- APS reserve the right to decline work at their own discretion.
- The customer will be notified of any alterations to the quote and prices agreed before proceeding.
- APS have full liability insurance up to the value of £10 million. Increased cover can be arranged on request.
- Affleck reserve the right to invoice in stages during the project. As standard, to book in quoted work APS will require a deposit of 40%, with a second payment of 50% when over half way through the project. The final balance of 10% will become payable after the project manager has issued a Completed Works Statement and signed off any snagging work with the customer. Once the Completed Works Statement has been issued and snagging identified, the customer must provide access without delay to enable any snagging to be signed off. If access has not been made available to carry out the snagging within 14 days of the Completed Works Statement date the remaining 10% will become due. Failure to sign a Completed Works Statement shall not imply rejection of the work.
- For jobs of a higher value (generally over £20,000) a mutually agreed payment schedule will be put in place based on a deposit and staged payments every two weeks in line with the value of work completed.
- Affleck offer a 12 month guarantee from the date of the Completed Works Statement on all labour upon full settlement of the invoice and proof of receipt and warranty. The only exclusions will be maintenance repairs, work that goes against the advice of our operatives and work that has been misused, treated negligently or been subject to factors outside of APS control. APS shall only be liable for rectifying works completed by APS and shall not be held responsible for subsequent damages or claims.
- If, after the company has carried out the works, the customer is not wholly satisfied with the works, then the customer shall give notice in writing within 12 months to the company and shall afford the company the opportunity to both inspect such works and carry out any necessary remedial works if appropriate. The customer accepts that if they fail to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out.
- Invoices are due for payment immediately upon delivery to the customer.
- Unpaid invoices (in total or in part) will accrue interest at 8% APR over base rate from the invoice date.
- In the event of an outstanding account, we will refer the debt to our collection agents Daniels Silverman Ltd, which will incur a surcharge of 15% of the debt plus VAT which the customer will be liable to as per the Late Payment of Commercial Debts (Interest) Act 1988, where interest is payable both before and after court judgement.
- Ownership of materials is retained by APS until full settlement of the invoice is received.
- If the customer supplies the materials, they are wholly liable for those materials, the warranty of the materials and any additional labour charges involving those materials. They must ensure all materials are available and present when required.
- If APS supplies the materials they are liable for those materials, the warranty of the materials and any additional labour charges involving those materials. APS must ensure all materials are available and present when required.
- The customer must make all necessary arrangements for access and ensure rooms are left free of obstruction for APS to carry out works. If rooms are not left in such condition or access is not provided APS reserve the right to charge at the operative’s prevailing rate for time lost.
- All electrical work carried out will comply with the latest IEE wiring regulations BS7671:2008. Any deviation in the existing installation from said regulation will be brought to the customers attention and we reserve the right not to carry out any installation that is deemed unsafe and not fit for purpose. New circuits can only be connected into a distribution board that comply with BS7671:2008.
- All engineers work under their own Gas Safe / NICEIC registration or equivalents and are therefore solely responsible for their subsequent liability for all gas or electrical work and certification.
- Customers are not allowed to approach any agent or third party introduced by APS directly, without the prior consent of APS.
- If the customer cancels any quoted work less that 14 days prior to the specified commencement date for the works, the customer will be liable to an administration fee of £350 plus any costs already incurred by APS.
- Maintenance invoices are charged with the first hour as standard and quarter-hourly increments thereafter plus any materials and parking / congestion charges.
- When on a maintenance job the operative is required to collect materials not usually carried in the van, the customer will be charged up to a maximum of 30 minutes at the prevailing rate for time spent travelling. If it is not possible to continue on a maintenance job with one visit the first visit will be invoiced with a second separate visit arranged and invoiced accordingly.
- All maintenance invoices must be paid in full before the operative leaves the site where the job took place unless special arrangements have been made with the office or the customer is an account holder with APS.
The terms set out in this Customer Service Agreement and all contracts 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.