General Conditions.

1. The Contract for works to be carried out will be between JMR Heating & Energy Limited (hereafter referred to as JMR Heating and Energy), whose registered office is: 5 Copperwheat Bank, Marston, Moretaine, Bedfordshire MK43 2AL, and whose registered company N° is 13915959, and the Customer whose name and address is detailed on the accepted quotation for services provided by JMR Heating & Energy Ltd.
2. Acceptance by the Customer of the JMR Heating & Energy Quotation[s] includes acceptance of these Standard Terms and Conditions.
3. The works are to be carried for the agreed price as detailed in the quotation provided by JMR Heating & Energy and signed as accepted by the Customer, plus VAT at the prevailing rate.
4. The works are to be carried out at the address specified in the quotation provided by JMR Heating & Energy.
5. Any variation or addition to these Standard Terms and Conditions resulting from the work to be carried out, or the materials to be supplied, will be detailed separately and noted on the Quotation or subsequent variation communication. Such additions or variations will apply in conjunction with these Standard Terms and Conditions except where specifically indicated and agreed otherwise.
6. All parties acting jointly as the Customer, i.e. commercial enterprises of any type, spouses, and co-habiting parties etc., residing at the address of the works, shall be jointly liable for the terms of the contract.
7. Quotations shall remain open for acceptance by the Customer for a period of 30 days unless otherwise indicated.

JMR Heating & Energy Ltd., Obligations.

1. JMR Heating & Energy agrees to carry out the work as detailed on the Quotation accepted by the Customer[s] in a timely, professional and competent manner and to meet with all regulatory certification and safety standards at all times.
2. JMR Heating & Energy agrees to maintain at all times the relevant required professional accreditation and registration with all relevant UK agencies, and to provide evidence of such accreditation upon request.
3. In respect of gas works, JMR Heating & Energy agrees to maintain at all times its required professional accreditation with the Gas Safe authority – Registration N° 633327, and where requested to provide evidence of such accreditation.
4. All statutorily required Certificates of Compliance shall be issued at the completion of all works, where appropriate and relevant.
5. JMR Heating & Energy assures that all operatives involved with the work shall be appropriately qualified for the work they undertake and further, that all apprentices and non-skilled operatives shall be properly instructed and supervised at all times.
6. JMR Heating & Energy agrees to comply with all Health and Safety requirements and directives as issued by the Health and Safety Executive (HSE) in respect of all parties (Customers, workers and other persons), as related to and relevant to the work carried out by JMR Heating & Energy.
7. JMR Heating & Energy obligates that all materials supplied under the contract shall be of the appropriate type and standard specified within the quotation to the Customer, and in all cases comply with the current British, European or International Standard as appropriate.
8. Where design/installation drawings or manuals are produced by JMR Heating & Energy, one copy of each document shall be provided to the Customer without charge in either paper or electronic format as required by the Customer. Where additional copies are requested by the Customer these maybe subject to charge at the discretion of JMR Heating & Energy. All design and installation documents and manuals shall remain the property of JMR Heating & Energy until full payment has been received.

Customer Obligations.

1. The Customer shall ensure that access to the premises and area of the works is cleared of furniture and any other impediments, and is available to JMR Heating & Energy operatives at all agreed working times – generally 8am to 5pm, Monday to Friday, unless otherwise mutually agreed and specified.
2. The Customer is obligated to ensure that the premises/area of work is appropriately insured and protected from unauthorised access during hours of non-work by JMR Heating & Energy.
3. The Customer is responsible for the removal of all personal and other items, regardless of value, from the area of work prior to the work commencing. JMR Heating & Energy shall not be liable for the loss of any personal, other or valuable items not removed from the work area[s] by the Customer.
4. The Customer shall be responsible for the provision of services and facilities (water and electrical services and toilet facilities etc.) for use by the JMR Heating & Energy operatives, unless prior specific alternative arrangements are agreed.
5. Where the works are to be carried out at an unoccupied dwelling or proposed future dwelling of the Customer, conditions 1. to 4. above will remain applicable unless prior specific alternative arrangements are agreed and recorded.
6. Where the Customer employs other trades or companies involved in the same project as JMR Heating & Energy, it shall be the Customer’s responsibly to organise the other parties and to avoid any impedance of the contract with JMR Heating & Energy. Any delay in fulfilling the contract causing costs to JMR Heating & Energy as a result of other Customer engaged trades or requirements, shall be itemised by JMR Heating & Energy and it will the responsibility of the Customer to defray such costs.
7. The Customer shall be liable for any costs arising out of, or related to, any existing and/or old, non standard or poor quality workmanship and/or materials, adjacent to or connected to the agreed work to be carried out by JMR Heating & Energy. Such cost liability shall be in respect of, but not limited to, existing pipework and services, mechanical items, tiled surfaces, wood and paintwork and fixture installations.
8. JMR Heating & Energy shall not liable in any respect for any defects or malfunctions in respect of any Customer supplied equipment or items as part of the quoted and contracted works.
9. Unless a pre-installation survey is agreed as part or of the JMR Heating & Energy quotation for the works, the Customer shall be liable for ensuring that all space dimensions provided to JMR Heating & Energy are accurate and suitable for the equipment to be provided and all specified works.
10. Any permits required to fulfil the contracted works, as levied by any statutory authority, including all associated fees and/or charges, shall be the responsibility of the Customer unless otherwise specified and agreed accordingly. This condition will apply to all public road parking and/or access permits issued by the local Council to the Customer premises including the licensing and positioning of waste removal skips, other receptacles and delivery vehicles etc. Any unspecified requirement for JMR Heating & Energy to arrange for the installation of any services, facilities and/or permits shall be charged at the usual JMR Heating & Energy hourly rate plus costs, incorporating the usual JMR Heating & Energy profit element.
11. Unless otherwise agreed and documented the Customer shall be responsible for any incidental redecoration or other works resulting from JMR Heating & Energy carrying out the agreed work.

Variations and Changes to Quoted Work.

1. Requested and agreed variation[s] or additions to accepted Quotations and/or works shall be confirmed in writing, including the basis of the agreed charge (additions and deductions etc.) by JMR Heating & Energy. Or if appropriate, subject to a separate quotation for acceptance by the Customer. In either case the Customer will supply written acceptance prior to the variation[s] or revised quotation being implemented.
2. Where material costs are identified as liable to fluctuations before the date of purchase by JMR Heating & Energy, it shall be noted on the quotation “as cost subject to variation” or such like, and that any variation in price from the date of the quotation, after an agreed period, shall be applicable to the cost of the quotation subject to the provision of verification of the cost fluctuation by JMR Heating & Energy to the Customer.

Timescale for Works.

1. The commencement date of the works, if known and as agreed by both parties will be confirmed following receipt of the signed acceptance by the Customer of the JMR Heating & Energy quotation.
2. Unless otherwise specifically agreed and documented between JMR Heating & Energy and the Customer, the anticipated completion date for the works is a provisional estimated date.
3. Where a specific timescale and date for the commencement and/or completion of the works is agreed by both parties this will be noted on the quotation or in subsequent communication. JMR Heating & Energy shall not be responsible for any loss or damage arising out of delay in the completion of the contract due to any cause beyond the control of JMR Heating & Energy.
4. Neither party shall be liable for any failure or delays to any works which are outside of the reasonable control of either party. Any such events will include, but not be limited to, weather related incidents, natural disasters, general power or services outages – including generalised internet failure, Covid or other pandemic related events and restrictions, and general or project specific supply chain delays or restrictions.

Deposit.

1. Unless otherwise specifically agreed and documented, a 50% (fifty percent) deposit of the quoted price (plus VAT at the applicable rate) is payable by the Customer to JMR Heating & Energy, upon acceptance of a JMR Heating & Energy quotation, to reserve the allocation of labour resources and material lead times as appropriate.
2. Unless otherwise specifically agreed and documented, a further 30% (thirty percent) payment of the quoted price (plus VAT at the applicable rate) is payable by the Customer to JMR Heating & Energy 4 at the commencement of the agreed work commencement.
3. Where a quotation is based on a chargeable hourly rate, including chargeable materials as appropriate, the percentages in 1. & 2. above will be based on estimated values.
4. The final 20% (twenty percent) of the quoted or hourly costed works (plus materials) will be payable on completion of the works.
5. The deposit amounts shall be refundable if by Customer instruction any works do not proceed, with any documented costs incurred by JMR Heating & Energy deducted. Such costs shall include but not be limited to, labour allocated that cannot be reassigned, non-returnable materials or equipment ordered or delivered, restocking and other surcharges and transport.
6. The total amount of deposit paid and the subsequent ‘on commencement’ payment will be deducted from the final invoice for the agreed works. A statement of receipt of the amount[s] paid prior to the final invoice shall be issued by JMR Heating & Energy to the Customer.

Payment.

1. The Customer agrees to pay the price quoted by JMR Heating & Energy as agreed and accepted by the Customer, including such taxes as levied by the Government at the rate applicable at the date of the invoice.
2. Payment will be made by the Customer within 7 days following the date of submission of the final invoice, or any other agreed interim payment application by JMR Heating & Energy.
3. Payment in full of the JMR Heating & Energy invoice, including all statutory tax amounts, must be made by either Credit or Debit card or by direct bank transfer to the account details indicated on the invoice. Any other method of payment will only be accepted upon the prior written agreement of JMR Heating & Energy.
4. Any variations to the standard payment terms (including materials or stage payments etc.) will only be if agreed by JMR Heating & Energy and the Customer and specified accordingly.

Unpaid or Overdue Amounts.

1. Overdue payment will, at the discretion of JMR Heating & Energy, be charged at the prevailing UK Government recommended rate of interest and compensation for overdue accounts.
2. In the event of default by the Customer in respect of any sums due, the Customer will be liable for all costs incurred by JMR Heating & Energy in recovering the outstanding amount, in accordance with the prevailing statutory allowances.
3. JMR Heating & Energy shall retain full title to any goods, materials and equipment supplied until payment of the full invoiced amount is received.
4. In the event of any late or overdue payment by the Customer or unresolved dispute concerning works and/or payment, JMR Heating & Energy reserves the right to discontinue work until the overdue payment is received and/or any dispute is resolved.

Retention of Payment Percentage.

1. Unless by prior specific and recorded agreement, there shall be no retention percentage, or any variation thereof, applied to any works carried out by JMR Heating & Energy.
2. Guarantees and Indemnities.
3. JMR Heating & Energy guarantees that it will maintain Employee and Public Liability Insurance at all times and provide evidence of such Insurance upon request.
4. JMR Heating & Energy guarantees all work, materials and equipment for 1 (one) year from the date of installation. In the event that a manufacturer or supplier of any equipment provides a guarantee for a period of more than one year, this will be notified to the Customer. However, it shall be the Customer’s responsibility to enforce the additional guarantee exceeding the statutory first year.
5. JMR Heating & Energy personnel shall be granted access to inspect and examine any installations or materials reported as faulty or defective.

4. In the event of any actual or suspected defect found within the guarantee period – the Customer agrees to inform JMR Heating & Energy as soon as is practicable after the actual or suspected fault or defect is discovered or observed. The Customer further agrees to grant reasonable access to the relevant site or area of work to JMR Heating & Energy personnel or other relevant personnel, including but not limited to, manufacturer’s or supplier’s representative as  appointed, to inspect and rectify the suspected fault or defect. Failure by the Customer to notify JMR Heating & Energy of any defect or fault, or deny reasonable access shall invalidate the warranty in respect of the particular issue.
5. JMR Heating & Energy shall not be liable under the terms of any guarantee if the failure or defect of the materials or equipment is found to be as a result of misuse, including but not limited to; improper environment, unauthorised changes, or the involvement of any other party, or has been caused by any such incidents as indicated under ‘Force Majeure and Unavoidable Delays’ as stipulated previously above.
6. The Customer shall be responsible for ensuring the safe keeping, and insuring as appropriate, all equipment delivered to the work premises in preparation for installation.

Termination.

1. Following acceptance of the JMR Heating & Energy quotation for the work to be carried out, if for any reason the Customer should wish to cancel or terminate the contract the Customer will be liable for all reasonable related costs and losses of JMR Heating & Energy up to the date of termination.
2. Such costs will be itemised by JMR Heating & Energy and invoiced to the Customer for immediate payment. The costs will include, but not be limited to; labour expended (including design and administration etc), labour allocated that cannot be reassigned, permit charges, materials and equipment purchased, including goods ordered but not received, and all relevant freight and restocking charges which may be applied by suppliers. All such termination costs shall include JMR Heating & Energy’s usual profit element up to the date of termination.

Communication.

1. All notifications and communication between JMR Heating & Energy and the Customer shall be made to the usual registered address or usual electronic address of either party.
2. Notifications and communications can be provided by post (including registered mail), courier or by e-mail. Where receipt of a notification is required it should be requested by the sender. All notifications and communications should be retained by each party.

Confidentiality and Data Protection.

1. Both Parties shall at all times respect the confidentiality of all information related to the contract and at all times observe the requirements of the UK General Data Protection Regulations (GDPR).

Photographs and Publicity.

1. The Customer accepts that JMR Heating & Energy shall be entitled to take photographs during the progress of the works, including both before commencement and after completion, for their records and if approved, for possible publicity purposes.
2. Where any such photographs are used for publicity purposes JMR Heating & Energy warrants that no indentifying features or names, relating to both the Customer and the location shall be included, unless specifically authorised in writing by the Customer.

Jurisdiction.

1. Any contract between the Customer and JMR Heating & Energy Limited shall be made under and covered by the Law of England and Wales.