TERMS AND CONDITIONS
By placing an Order with Pyramid Solution South East Ltd., You are accepting our Terms and Conditions. Your existing statutory rights are not affected by these conditions.
Effective date: 01/09/2016
In this document the following words shall have the following meanings:
1.1. ‘Company’ shall mean Pyramid Solution South East Ltd.
1.2. ‘We’, ‘Us’, ‘Our’ are references to Pyramid Solution South East Ltd. (Co. No. 07622455)
1.3. ‘Customer’ ‘You’ shall mean the person, Client or organisation who purchases Services and/or Goods from Pyramid Solution South East Ltd. who is responsible for any costs incurred.
1.4. ‘Contract’ means any contract between You and us for the purchase of Services and/or Goods, incorporating these Terms.
1.5. ‘Services’ means the supply of Services by us to You (excluding any third party Services), including but not limited to reports and photographs and other Services from time to time and includes our instructions to third party suppliers on Your behalf.
1.6. ‘Goods’ means the supply of Goods by us to You, including but not limited to gas, electrical and plumbing repairs and other Goods supplied from time to time and includes our instructions to third party suppliers on Your behalf.
1.7. ‘Normal Working Hours’ means 9am to 6pm Monday to Friday.
1.8. ‘Working Day’ means Monday to Friday, excluding Bank or other Public holidays.
1.9. ‘Order’, ‘Instruction’ means an order for a Service or supply of Goods made by You in accordance with these Terms.
1.10. ‘Order / Instruction Confirmation’ means our written acceptance of Your Order/Instruction.
1.11. ‘Inspector’, ‘Engineer’ shall mean the gas, electrical or other specialised representative appointed by the Company
1.12. ‘Assessor’, ‘Surveyor’ means an accredited EPC, Legionella or other qualified assessor registered with the Company.
1.13. ‘Inventory Clerk’ shall mean the representative appointed by the Company to carry out move-in, interim or move-out inspections and reports.
1.14. The ‘Property’ means the premises which requires the Service or Goods supplied by the Company
1.15. ‘Inspection’, ‘Assessment’ means the study of those aspects of the property which contribute to the creation of a gas safety / electrical / PAT / energy performance / inventory / legionella or any other type of report, Service or repair visit as instructed by the Customer.
1.16. ‘Fixed Fee’, ‘Fee’ means the amount in pound sterling agreed to be paid by the Client to Pyramid Solution South East Ltd. This Fee is determined in advance of the initiation of an Inspection. We reserve the right at any time without notice to increase our prices.
1.17. ‘Deposit’ means a down payment made by the Customer to Us in advance to support the Customer’s intention to complete an instructed Service Order.
1.18. ‘Manifest error’ means, in relation to an incorrect price, a price quoted in error by us which is more than 10% less than the price that would have been quoted had the mistake not been made.
1.19. ‘Information’ means any information supplied by You to us in connection with the provision of the Services or Goods, including any information supplied by You on any order forms.
1.20. ‘Literature’ means our brochures, price lists and advertisements including the content of the website.
1.21. ‘Website’ means our website located at www.pyramidsolution.co.uk
2.1. Nothing in these Terms affects Your statutory rights as a consumer.
2.2. These Terms and Conditions shall apply to all contracts for the supply of Services by Pyramid Solution South East Ltd. to the Customer and shall prevail over any other documentation or communication from the Customer.
2.3. Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by Pyramid Solution South East Ltd.
2.4. The Customer must notify Pyramid Solution South East Ltd. of any variation to the Instruction and Pyramid Solution South East Ltd. (if it agrees the variation) reserves the right to adjust the price accordingly.
2.5. Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which Pyramid Solution South East Ltd. may be entitled in relation to the Services, by virtue of any statute, law or regulation.
2.6. You must not transfer any contract made with us under these Terms, as it is personal to You, without written authority from us. This authority will not be refused without good reason.
2.7. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
2.8. You confirm that, in agreeing to accept the Terms, You have not relied on any representation save insofar as the same has expressly been made a part of these Terms and You agree that You shall have no remedy in respect of any representation.
2.9. Nothing in these Terms shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a part of the Terms.
3. THE ORDER
3.1. When You place an Order for a Service or a supply of Goods, this will be regarded as an offer by You to purchase the Service/Goods subject to these Terms and we shall not be obliged to accept Your offer at our discretion.
3.2. We will send You an Order Acknowledgement on receipt of Your Order. This is not an Order Confirmation or order acceptance by us.
3.3. We will accept Your offer and create a Contract with You by sending to You an Order Confirmation once we have confirmed availability of the Service/Goods You have requested.
3.4. The Order Confirmation will be binding on You unless there is an inadvertent discrepancy between the Service that You ordered and those detailed in the Order Confirmation. You should notify us as soon as You become aware of any such discrepancy.
3.5. When You place an Order, You are undertaking to us that:
3.6. all details You provide to us for the purpose of purchasing the Services are correct, and
3.7. the credit or debit card You use to make a purchase from us is Your own card, that You are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any Services You order from us.
3.8. The person giving instructions to Pyramid Solution South East Ltd. or ordering work or materials will personally be deemed to be the Customer unless it is made clear to Pyramid Solution South East Ltd. who the Customer is and we have confirmation that You have the right to instruct us on their behalf.
3.9. If we are doing work at Your rented property on behalf of a landlord, You (the Tenant) has to be bound by the Terms of the contract and if for any reason whatsoever the landlord refuses to pay, You (the Tenant) will be liable to pay and reclaim all cost back from Your landlord.
3.10. Materials purchased as a result of work You instruct us to undertake will be charged to You if You later cancel. Charges will be those of our normal Terms and Conditions.
4. PRICE AND PAYMENT
4.1. All prices include VAT.
4.2. Services are invoiced at the price prevailing at the time of Your Order.
4.3. We reserve the right to vary our prices from time to time.
4.4. Time for payment shall be of the essence of the contract.
4.5. We will not supply Services to You until payment has been received in full, unless there has been prior agreement.
4.6. Payment for Services can be made via our website using credit/debit card and over the telephone with a credit/debit card.
4.7. We accept all major credit and debit cards.
4.8. Processing fees may apply for credit cards only, and surcharges depend on Your credit card type (typical credit card surcharges are in the range of 2.5-3.1%).
4.9. We do not send payment receipts or booking confirmations by post. Payment confirmation will be sent to the email address You provided.
4.10. If Your Instruction is made under false pretence, an additional fee may be due and the certificate will not be issued until we receive receipt of said additional fee.
4.11. Invoices are due for payment immediately after they have been issued. 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. Additional administration charges may also apply. Invoices that remain unpaid after 28 days of being issued will be passed onto a collection agency unless alternative payment arrangements have been agreed.
5.1. The date of delivery specified by Pyramid Solution South East Ltd. in an Order Confirmation is an estimate only. Time for delivery shall not be of the essence of the contract and Pyramid Solution South East Ltd. shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods, Services and/or materials by a third party.
5.2. All risk in the Goods and Services shall pass to the Customer upon delivery.
5.3. The Customer shall make all arrangements to take delivery of Goods whenever they requested to do so.
6.1. Title to any Goods or Services, supplied by the Company to the Customer will not be passed to the Customer but shall be retained by the Company until such Goods or Services have been paid in full.
6.2. The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such Goods or Services that have not been paid in full.
6.3. The cost of any damage caused by such removal will not be borne by Pyramid Solution South East Ltd.
6.4. The Company shall be entitled to seek a court injunction to be entitled to enter any premises in which our Goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so.
6.5. The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such Goods. However, the risk in the Goods will pass to the Customer on delivery to the Customer.
6.6. The Customer should insure the Goods at replacement value and if asked the Customer must produce evidence that they are properly insured.
7. CUSTOMER’S OBLIGATIONS
To enable Pyramid Solution South East Ltd.to perform its obligations, the Customer shall:
7.1. Co-operate with Pyramid Solution South East ltd.
7.2. Make the site available to Pyramid Solution South East Ltd. for the duration of the works and ensure a safe supply of necessary services and utilities (such as gas, electricity and water). If services are not available, the Company reserves the right to charge a cancellation fee.
7.3. Provide Pyramid Solution South East Ltd. with any information reasonably required.
7.4. Agree to ensure that the information that You supply to us in the Order, including without limitation details of the Property is complete, accurate and up to date. You will notify us immediately You become aware of any inaccuracy contained within the Order.
7.5. Obtain all necessary permissions, licences and consents which may be required before the commencement of the Services, the cost of which shall be the sole responsibility of the Customer.
7.6. Comply with such other requirements as may be set out in the Order or otherwise agreed between the parties.
7.7. Pre-arrnged appointments with our representative are taken on the understanding that an Adult will be present at the appointment time.
7.8. Pyramid Solution South East Ltd. will endeavour to the best of its ability not to cause any damage to items belonging to the Customer or the structure of the building. It is the responsibility of the Customer to protect items of furniture, furnishings, fixings, fixtures and fittings. Although we will make reasonable efforts not to cause any damage, it is suggested that the Customer removes items that are considered to be problematic. If items remain within the working area, it is the responsibility of the Customer to remove them and cover any items of furniture.
7.9. Wallpaper and paint can sometimes be damaged. It is the responsibility of the Customer to take any protection actions felt necessary. We will try our best to put back bath panels, flooring, floor coverings, cupboards etc. regarding areas we needed to get access to. We cannot be held responsible for any damage caused to these items or to the way they have been put back. If damage to plaster and brickwork is caused it is the Customer’s responsibility to make good. We cannot accept responsibility for any damage caused to wallpaper, paintwork, tiles, carpet, furniture etc.
7.10. The Customer should also remove items of jewellery and other small items that can be mislaid or lost whilst work is in progress.
7.11. The Customer is to obtain all necessary permission, from any landlord or local authority prior to starting the work.
7.12. An electricity supply (220/240v) is often needed. The Customer is to provide this supply and also a suitable standard outlet reasonably near to the work. The supply will be of no cost to us.
8. CALLOUT AND HOURLY RATES
8.1. Our standard callout charge for of our Gas, PAT, plumbing and heating engineers that visit Your property is £66 incl VAT.
8.2. Our standard callout charge for of our Electrical engineers is £72 incl VAT.
8.3. If separate engineers visit Your property a callout fee will apply per an engineer.
8.4. If a fixed price cannot be given for a job then we will charge an hourly rate of £66 incl VAT, this excludes any parts.
8.5. If an engineer is called but You disagree and decide not to go ahead with the works, then the standard call out charge will still apply and have to be paid for on the day.
8.6. Our hourly rate work consists of the cost of materials supplied by the Company (plus any reasonable costs incurred in attaining these materials) and the amount of time spent by the engineer in carrying out these works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the agreed Hourly Rate.
9. TIME ALLOCATION FOR JOBS
9.1. We allocate 2-hour time slots from Monday to Friday for Your visit, unless agreed otherwise in writing, and these are supplied on a first come, first served basis.
9.2. Our representative can arrive any time between the start of Your slot and the end of Your slot.
9.3. Sometimes it may be necessary to re-schedule an appointment due to factors beyond our control. If it is necessary to do this, we will attempt to contact You to try and re-schedule another appointment as soon as possible at a mutually convenient time.
10. MISSED APPOINTMENTS AND CANCELLATIONS
10.1. If You are unable to keep a Service appointment, please contact our Booking Line to re-book the appointment on 0208 166 4157 as soon as possible.
10.2. The Customer is required to ensure services (such as gas, electricity and water) are available at the time of the visit by the Engineer/Surveyor. If services are not available, the Company reserves the right to charge a cancellation fee.
10.3. The Customer will also become liable if access is not granted at the agreed time of the visit. We maintain a policy of allowing an additional 15 minutes on site in order to achieve access, however once this period has elapsed we reserve the right to charge the original agreed costs. For Tenanted properties, the person(s) instructing the works accepts liability.
10.4. You are required to provide access to all areas of the property (such as and including, enclosures, lofts, basements, outbuildings etc.). Failure to provide complete access may prohibit our representatives to complete their assessment accurately. We reserve the right to charge an abortive fee.
10.5. You must ensure that persons above the age of 16 will be in charge of the property for the duration of our visit. Failure to do so will result in immediate termination of the appointment and we reserve the right to charge an abortive fee.
10.6. If a booking is cancelled or rescheduled within 24 hours of the scheduled appointment time, a £66 incl. VAT handling fee will be charged.
10.7. Non-attendance or call-out will be charged, where the engineer cannot gain access to property, boiler is not working, no gas or electrical supply or no access to gas/electric meter when on site and will incur a handling fee of £66 inc VAT.
10.8. You will not be refunded if there are circumstances that prevent You from attending the appointment, unless a request is made from You to reschedule the visit, given the notice requirements stated above.
10.9. You must be available on the contact number(s) provided on the instruction at the time of the visit.
10.10. If we need to cancel an appointment, we will contact You immediately to book the next available representative and agree a new time or day if required.
10.11. Please note that all Terms in this contract apply to any third party You instruct to be at a premises on Your behalf e.g. if You have a Tenant that will be giving us access to the property the same Terms apply.
11.1. The agreed final quote (or estimate) represents a written contract for the exact work to be completed.
11.2. Any agreement made verbally is not covered by the contract unless it has been written into said contract. The agreement is made between Pyramid Solution South East and the Client. The Client is identified as the name on the quotation.
11.3. Any quote or estimate is subject to revision if there are any changes to the nature or extent of the requested work. This may apply to both labour and materials. However, the quote will not be amended without consultation with the Client.
11.4. All estimates are written and valid for 28 days from issue.
11.5. Where an estimate has been supplied to the Customer it may be revised in the following circumstances:—
(a) if additional works are required after instructions to proceed with the estimate, (this may have to be provided in writing).
(b) if there is a price increase in the materials after submission of the estimate, or the materials are not available from the Company’s preferred supplier and have to be sourced at a higher price elsewhere.
(c) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
(d) if after submission of the estimate it is discovered that there was an error when the estimate was prepared.
11.6. 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.
12.1. A deposit is required to cover material expenses.
12.2. All deposits must be made by telephone or internet payment unless agreed by Pyramid Solution South East Ltd.
12.3. The acceptance of a deposit and the request to begin the project signifies a full acceptance and commitment to be bound by the Terms and Conditions.
13. TERMINATION OF CONTRACT
13.1. We have got the right to remove or stop supplying any of our Services on our website at any time.
13.2. We reserve the right to terminate the project at any time. We do not have to give any notice, and if we do remove a Service, we will not be responsible to You.
13.3. Pyramid Solution South East Ltd reserves all rights to refuse or decline work at its own discretion. Where we agree to carry out works for You, the designated representatives shall undertake those works.
13.4. We will endeavor to ensure representatives attend at the date and time agreed. We accept no liability for non-attendance or late attendance of a representative obligations if such delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions. However, we will endeavor to make all parties aware as soon as possible.
13.5. Pyramid Solution South East Ltd. have a zero tolerance policy towards aggressive, abusive, derogatory, offensive, rude, threatening or violent behavior; intimidation; racism; nationalism; sexism, homophobia or ageism directed towards any of its staff or contractors.
13.6. If a member of staff or contractors is subjected to danger or risks posed by the property, animals or occupants, the visit will be terminated immediately. This will also result in an abortive fee being applied.
14. YOUR RIGHT TO CANCEL
14.1. You are entitled to cancel Your Order for any reason until, but no later than 24hrs before our representative is due to visit Your property.
14.2. You should cancel Your Order by sending a written notice of cancellation by post or hand delivery addressed to Pyramid Solution South East Ltd. Fortis House, 160 London Road, Barking, IG11 8BB or by e-mail to firstname.lastname@example.org.
14.3. When You cancel an Order with more than 24hrs notice as per section 14.1. above, we will refund the price paid, within 30 days from the date of cancellation.
15.1. The Company provides a 28-day guarantee period for the labour aspect of our repair works, and a 12-month guarantee for new installations, if the materials are supplied by us and for the duration of the manufacturer’s guarantee for all parts or equipment supplied by us.
15.2. If the Customer is not satisfied by the works carried out by the Company, the Customer shall give notice in writing to the Company within 28 days for repair works and within 12 months for new installations, and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate.
15.3. The Customer accepts liability if there is a failure to notify the Company of this dissatisfaction within 28 days for repair works, and respectively within 12 months for new installation works. If the Customer does not notify us within that time nor allow us to return and rectify our work, the Customer agrees that we shall have no liability.
15.4. Where a part or an appliance requires replacement within the manufacturer’s warranty, the Company reserves the right to charge the Customer labour for these works. The guarantee will become void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence
(b) Repaired, modified or tampered with by anyone other than a Company Engineer
15.5. The Company will accept no liability for, or guarantee suitability of materials supplied by the Customer and will accept no liability for any consequential damage or fault, if:
(a) You order us to carry out work against the written or verbal advice of our representative. This advice will be given to You either orally, or in writing
(b) We indicate that further works need to be carried out
(c) Existing installations are either inferior or over 3 years old nor can we guarantee the effectiveness or otherwise of our work in these cases
15.6. The company will not guarantee any work in respect of blockages in waste and drainage systems etc.
15.7. The Company will not guarantee repairs on appliances such as boilers, if these appliances have not been Serviced as per the manufacturer’s instructions/recommendation or have not carried out additional works recommended by the Engineer.
15.8. The Company will not guarantee repairs on central heating systems that have not been adequately power-flushed, have not had recommended chemicals added, or have not carried out additional works recommended by the Engineer.
15.9. The Company will not guarantee any work with respect of heating elements such as electric water heaters, immersions and electric showers in hard-water areas.
15.10. The Customer shall be solely liable for any hazardous situation in respect of regulations or notifications issued.
15.11. Materials and Goods supplied by Pyramid Solution South East Ltd. shall be of merchantable quality and fit for their normal purpose.
15.12. Pyramid Solution South East Ltd. will at all times have Public Liability Insurance in place.
15.13. Pyramid Solution South East Ltd. cannot be made responsible for any defects in design or installation on works arising from circumstances or factors known to the Customer but not notified or disclosed to Pyramid Solution South East Ltd. prior to the work having been undertaken.
15.14. Pyramid Solution South East Ltd. cannot be held responsible for any defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than Pyramid Solution South East Ltd.).
15.15. Pyramid Solution South East Ltd. cannot be made responsible for any roofing works where Pyramid Solution South East Ltd. advises that the overall condition of the roof is poor and in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
15.16. Gas central heating boilers are initiated in a sequence and can only be diagnosed in such sequence. During or following boiler repairs the Company may discover further faults that require rectification and may not have been previously diagnosed. The Company accepts no liability for the additional repairs and the Customer will be required to settle the initial agreed repair costs as this would be unrelated to the additional repairs.
15.17. Pyramid Solution South East Ltd. is not responsible for Warranties or guarantees on any items purchased and or supplied by the Customer where Pyramid Solution South East Ltd. has a fit only agreement. Pyramid Solution South East Ltd. will charge for replacement of any defective item.
15.18. Pyramid Solution South East Ltd. cannot guarantee work which in our opinion is of a temporary nature, the operative will advise You of such prior to the work being carried out, and we will also mark it on the invoice.
15.19. Any silicon work does not carry any guarantee.
15.20. Work is guaranteed only in respect of work directly undertaken by the company and payment in full for the work and materials has been made.
16. LIMITATION OF LIABILITY
16.1. Pyramid Solution South East Ltd. shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
16.2. Except to the extent precluded by law, Pyramid Solution South East Ltd. shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss including, but not by way of limitation, loss of profit or loss of contract, loss of goodwill, reputation or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
16.3. Pyramid Solution South East Ltd. will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to Pyramid Solution South East Ltd. in writing prior to the date of this Order.
16.4. Where the Customer supplies Goods or materials, Pyramid Solution South East Ltd. accepts no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
16.5. The Company will endeavour to ensure its representatives attend at the date and time agreed. The Company will endeavour to make sure all parties are aware as soon as possible for any non-attendance or late attendance of an Engineer. However, for the avoidance of doubt, time shall not be of the essence and Pyramid Solution South East Ltd. shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
16.6. Pyramid Solution South East Ltd. will not be responsible for damage suffered to part of the Customer’s property (whether or not Pyramid Solution South East Ltd. is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
16.7. Pyramid Solution South East Ltd. will not be responsible for any defects that have occurred from any structural issues to the property defects encompassing but not limited to subsidence and its resultant effect.
16.8. If You purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects, for a period of 28 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our Services engineers or their contracted agents. In the event of a claim relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s).
16.9. We accept no liability for equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves or our agents. Except as set out here, all other express or implied Terms or warranties relating to the Services are excluded to the fullest extent permitted by law.
16.10. The cost of any remedial work, repair or parts needed for any fault, which is found before or during the boiler Service will be reported to the responsible person and special discount will be calculated if booked at the same time of the Service and carried out at the same time. Any maintenance or remedial work is Your responsibility and does not form part of boiler Service. Such work will need to be completed at Your cost.
16.11. We make every effort to ensure that all prices and descriptions quoted in our Price Lists and on our Website are correct and accurate. In the case of a manifest error or omission, we will be entitled to rescind the contract, notwithstanding that we may already have accepted Your Order and/or received payment from You. Our liability in that event will be limited to the return of any money that You have paid in respect of the Order. In the case of a manifest error in relation to price, You will be entitled to purchase the Goods or Services by paying the difference between the quoted price and the correct price, as confirmed in writing by us after the manifest error has been discovered.
16.12. The Company accepts no liability where instructed to carry out works on installations of inferior quality or over seven years and no warranty will be provided for the effectiveness of such works. The Company also accepts no liability where the Customer, against the recommendations of the Company, instructs the use of inferior quality materials.
16.13. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for works recommended by the Company and not instructed by the Customer.
16.14. The Company accepts no liability for late or non-arrival of items sourced from suppliers.
17.1. You agree to indemnify us and keep us indemnified from and hold us on demand and harmless from and against all costs, claims, demands, actions, proceedings, liabilities, expenses, damages or losses (including, without limitation, consequential losses and losses of profit, and all interest penalties and legal and other professional costs and expenses) arising out of or in connection with:
(a) Any breach by You of Your obligations or these Terms and Conditions
(b) Any claim by a third party that the Services infringe any rights of a third party or any applicable UK or international legislation or regulations
17.2. Without prejudice to clause 17.1., You agree to pay all costs, damages, awards, fees and judgements finally awarded against us rising from such claims and You will provide us with notice of all claims or allegations, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims at Your sole expense
18. FORCE MAJEURE
We shall not be liable to You or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Services, if the delay or failure was due to any cause beyond our reasonable control, including but not limited to acts of God, strikes, civil disturbance, lock-outs, accidents, war, fire, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
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.
20. GOVERNING LAW
21.2. It is Your responsibility to make sure that information that we hold about You is up to date and accurate. Failure to do so will be a breach of these Terms.
21.3. We may monitor and record our calls and emails, to improve the quality of Service. We also reserve the right to use these files as evidence or resolve any agreement issues.
22. INTELLECTUAL PROPERTY RIGHTS
22.1. This website is owned and operated by Pyramid Solution South East Ltd.
22.2. This page was last updated on 01/09/2016.
22.3. By using this website, You’re agreeing to these Terms. If You don’t accept the Terms, please do not use the website.
22.4. You acknowledge and agree that any and all copyright connected with the design and development of the website and the contributory software written by us or our suppliers belong to us or are licenced to us.
22.5. The name and logo of Pyramid Solution South east Ltd are UK registered trademarks. The use and reproduction of these trademarks is prohibited.
22.6. All trademarks, trade names and domain names which appear in the literature belong to us, or to the relevant third party suppliers.
22.7. 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.
22.8. We do not provide permission for You to use any email addresses published on this website for electronic spamming.
22.9. This website is for personal use only. Please contact us by emailing email@example.com or by writing to Pyramid Solution South East Ltd Fortis House 160 London Road Barking Essex IG11 8BB if You wish to use our Services for business.
23. SERVICE-SPECIFIC CLAUSES
23.1. Domestic and Commercial Energy Performance Certificates
(a) The Client confirms that the Energy Assessor has the right within the Property to take measurements; make diagrams; take photos; and make such notes, as the Energy Assessor in its sole discretion believes necessary for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of Pyramid Solution South East ltd., and the Client has no rights to them in any manner or form. Such documents are made by the Energy Assessor as required by the UK legislation in force from time to time, and the Energy Assessor is required by law to retain such documents. At the conclusion of a time period set by UK law, the Energy Assessor and Pyramid Solution South East Ltd. confirm that they will safely and securely dispose of and destroy all such documents, and will not communicate anything therein to any third party who does not have a legal right to them.
(b) The Energy Assessor may inspect any rooms in the property, including lofts, basements, cupboards, gardens, corridors, stairs, etc.
(c) The Energy Assessor may inspect any heating and lighting fixtures and fittings, including boilers and hot water cylinders, as well as any gas and/or electric meters.
(d) The Energy Assessor may inspect the loft via an inspection hatch or other safe and practical access arrangement.
(e) The Energy Assessor may inspect the common parts of a block of flats that adjoin the subject property.
(f) The Energy Assessor will not attempt to enter parts of the property where access is not provided, such as sealed lofts and locked rooms.
(g) The Energy Assessor will not express an opinion about or advise upon the condition of uninspected parts or issues not related to the energy performance of the property.
(h) The Energy Assessor will not undertake any tests of the drains, heating, electrical or gas installations, domestic appliances or any other Services.
(i) The Energy Assessor will not arrange for any investigation to be carried out to determine whether or not any hazardous material has been used in the construction of the property. The Energy Assessor will be unable to report that the property is free from risk in this respect.
(j) The Energy Assessor will not report or guarantee that the structure meets building regulations or the ground has sufficient load bearing strength to support the structure.
(k) The Energy Assessor will not carry out a building survey, valuation survey, environmental, geographical or any other survey apart from the energy performance survey.
(l) The EPC will show a rating of the property’s energy performance and carbon emission which will be marked on a standard scale from A to G. The Survey may show recommendations for energy performance improvement and reduction of running cost.
(m) We cannot accept any liability for any error in an EPC, which is based on any error or inaccuracy in a public register. Nor will we be liable for any information contained within an EPC, which is based on information that we have obtained from a third party (not being information derived from the public register).
(n) We cannot accept any responsibility for any inaccuracy or error in the EPC that is based on incomplete or inaccurate information supplied by You.
23.2. Electrical Inspection and Testing, EICR
(a) In accordance with Guidance Note 3 the percentage of testing is at the discretion of the tester. Testing a minimum of 10% of the installation is recommended however the tester will endeavour to carry out a minimum of 50%. Where 100% testing is required, please contact the Company to receive an appropriate estimate.
(b) Customer must ensure full access to the fuse board and all sockets and switches and fittings is granted
(c) Customer must ensure any obstructions are removed prior to the test.
(d) Customer must ensure Pay-as-You-go meters must have enough credit in order for the Engineer to conduct the test.
(e) Customer must ensure the fuse board should be marked up and all relevant circuits to be identified correctly in order for the engineer to carry out the electrical inspection.
(f) Customer must ensure any specific requirements such as tall ladders, etc. must be communicated to the Bookings team prior to the visit.
(g) Customer must ensure all sensitive equipment to be unplugged prior to the test.
(h) Customer must ensure any damaged fixed fittings such as broken light switches, cracked sockets etc. to be identified prior to the test and the engineer to be made aware of them at the start of the visit.
(i) Customer must ensure any animals are removed and children are safe and adequately supervised during the visit to maintain the safety of the engineer and others.
(j) Customer must ensure the Service head is adequately upgraded prior to our visit, this generally is a free of charge Service. If unsure contact should be made with the relevant provider via the link below https://www.edfenergy.com/for-home/help-support/gas-electricity-emergency-contact
(k) Customer should be aware that the power to the property is likely to be switched off for several hours, and should make any necessary provisions for food items that maybe affected in the fridge or the freezer.
(l) Customer must ensure no medical equipment reliant on power are situated at the property during our attendance.
23.3. Gas Safety Inspection and Boiler Servicing
(a) Customer must ensure that the gas meter is accessible and free from any obstructions.
(b) Customer must ensure that all gas appliances are accessible and free from any obstructions.
(c) Cupboards surrounding gas appliances should be removed if they do not meet manufacturers guidelines. Failure to do so will result in the appliance not being inspected.
(d) Customer must ensure no gas appliances should be running hot.
(e) Customer must ensure all gas appliances which will be checked must be in full working order.
(f) Customer must ensure If pay-as-You-go gas and electrical meters are present, they must have enough credit so that tests can be carried out.
(g) Customer must ensure any animals are removed and children are safe and adequately supervised during the visit to maintain the safety of the engineer and others.
(h) Customer must ensure gas appliances in lofts or basements are accessible via a secure staircase or fixed ladders. Failure to do so will result in the appliance not being inspected.
(i) Customer must ensure access to exterior grounds is provided to check the condition of flues.
(j) The company does not offer inspection or servicing on following type of appliances and reserves the right to charge an abortive fee if instructed to do so:
i. Warm air units
ii. Open-flue boilers
iii. Gas fires
iv. Back Boilers
23.4. Inventories: Check-in, Check-out and Interim (Mid-term) inspections
(a) The Clerk may inspect any rooms in the property, including lofts, basements, cupboards, gardens, corridors, stairs, etc.
(b) The Clerk may inspect any outside space that belongs to the property, including gardens, sheds, outbuildings, etc.
(c) Contact numbers for the Tenants or their representative who will be providing access to the property will be required
(d) Any professional cleaning must be completed before the day of the inventory inspection
(e) Any building works, refurbishment, painting and decorating must be completed before the day of the inventory inspection
(f) Any equipment, appliances and furniture that will need to be included in the inventory report must be in place prior to the inspection date
(g) The Tenant must have signed their tenancy agreement before the check-in as they will be provided with full access to the property upon completion of the check-in process
(h) Upon check-in, the clerk will require the exact sets of keys that will be handed over to the Tenants, so if master keys have been provided for the inspection, the clerk must be notified of this and arrangements for alternative keys must be made by the agent, landlord or landlord representative at least 48hrs prior to the check-in
(i) Exact location of gas, electricity and water meters must be provided to the clerk as readings will be taken on the day of the check-in/check-out
(j) Upon termination of a tenancy and prior to a check-out inspection, any items listed on the check-in inventory must be returned to their respective rooms, including any stored items; beds should not be made up, so that the mattresses, duvets, and linen etc. can be inspected; any items listed on the check-in inventory that have been broken or mislaid must have been replaced with a similar item; if the Tenant is responsible for garden maintenance, any waste matter must be removed and the garden brought back to a standard similar to the start of the tenancy
(k) Upon completion of the check-out the Tenant will be required to return all keys and will have no further access to the property
(l) When the check-in / check-out / interim inspection is complete, the Tenant will be required to sign the report
23.5. Internal/External Insulation measures
(a) Following the removal and reinstallation of satellite dishes the company accepts no liability for loss of signal or where realignment maybe required.
(b) The price quoted for internal/external wall insulation does not include painting or decorating of items not insulated, e.g. window seals, door frames, skirting, architraves etc., unless otherwise specified.
(c) Access to welfare facilities, storage for materials and use of power and water will be required during the installation works. Where these cannot be provided the Customer must inform the company a minimum of 48 hours prior to start date and a supplementary quotation will be provided to the Customer.
(d) The acquisition of planning consent, freeholder’s permission, conservation area authority approval or similar permissions are the sole responsibility of the Customer and the Company accepts no liability where appropriate approval had not been received prior to commencement of instructions.
(e) The Company requires the Customer to be present during the initial survey so that a full list of items to be removed and refitted can be collated. The Company accepts no liability for oversight of items if not clearly identified during the initial survey.
(f) The quotation for extension of guttering and pipe works is limited to the reuse of existing pipe work, however the Company reserve the right to renew pipework where financially viable.
(g) In absence of adequate overhang the Company reserves the right to use verge trims to cover the installed insulation. A supplementary quotation for the extension of roof coverings can be provided by the Company however this will have to be requested by the Customer prior or during the initial survey.
23.6. Legionella Risk Assessment
(a) The Client confirms that the Legionella Assessor has the right within the Property to take measurements; make diagrams; take photos; and make such notes, as the Legionella Assessor in its sole discretion believes necessary for the Inspection. The Client agrees that such documents, photos, etc. are the sole property of Pyramid Solution South East ltd., and the Client has no rights to them in any manner or form. Such documents are made by the Legionella Assessor as required by the UK legislation in force from time to time, and the Legionella Assessor is required by law to retain such documents. At the conclusion of a time period set by UK law, the Legionella Assessor and Pyramid Solution South East Ltd. confirm that they will safely and securely dispose of and destroy all such documents, and will not communicate anything therein to any third party who does not have a legal right to them.
(b) The Legionella Assessor may inspect any rooms in the property, including lofts, basements, cupboards, gardens, corridors, stairs, etc.
(c) The Legionella Assessor may inspect any water outlets inside and outside the property such as hot water cylinders, cold water storage tanks, even if redundant.
(d) The Legionella Assessor may inspect any heating and lighting fixtures and fittings, including boilers and hot water cylinders, as well as any gas and/or electric meters.
(e) The Legionella Assessor may inspect the loft via an inspection hatch or other safe and practical access arrangement.
(f) The Legionella Assessor may inspect the common parts of a block of flats that adjoin the subject property.
(g) The Legionella Assessor will not attempt to enter parts of the property where access is not provided, such as sealed lofts and locked rooms.
(h) The Legionella Assessor will not express an opinion about or advise upon the condition of uninspected parts or issues not related to the legionella risk assessment.
(i) The Legionella Assessor will not undertake any tests of the drains, heating, electrical or gas installations, domestic appliances or any other Services.
(j) The Legionella Assessor will produce a Legionella Domestic Risk Assessment Report which will identify any defect/risk and related recommendations associated with the water system at the Property.
(k) Our responsibility for this report is only to identify any potential risk exposures to Legionella which the landlord must then refer to a specialist company in order to investigate this and carry out the appropriate testing to identify if Legionella is present, together with solutions to prevent or eliminate this.
(l) It is the responsibility of the landlord to act on any recommendations made within this Risk Assessment and we will not accept any liability for the failure of any landlord to carry out any recommendations made.
23.7. Portable Appliance Testing
(a) Customer must ensure all portable appliances which require testing must be in full working order
(b) Customer must ensure appliances are turned off and unplugged to be tested.
(c) Customer must ensure if Pay-as-You-go meters have enough credit in order for the engineer to conduct the test.
(d) Customer must ensure full access to the appliance plug is granted in order to carry out the test.
(e) Any large appliances such as washing machines, dishwashers, fridges and freezers which require moving need to be pulled out before the engineer’s visit.
(f) We accept no liability for damage to the flooring or the surrounds if appliances are not pulled out and our engineers are required to do so.
(g) If deemed unsafe our engineers reserve the right to not remove the appliance for the purpose of testing.
(h) Customer must ensure any animals are removed and children are safe and adequately supervised during the visit to maintain the safety of the engineer and others. Our engineers reserve the right to decline the survey if they deem the surroundings unsafe to do so.
(i) Use of multiple and unnecessary extension leads can be deemed unsafe and a fire hazard. Where possible Customer must ensure they are removed prior to our visit.
(j) Customer must be aware limited tests will be conducted on built-in and fixed appliances.
(k) Large electrical items such as boilers that are wired-in are excluded from the list of portable appliances as they are not designed to be moved.
We are dedicated to providing an above standard Service and we take all complaints seriously. Please refer to our Complaints Procedure to lodge any concerns You may have.