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Terms & Conditions of Get Tested

(Trading name of Electrical and Gas Surveys Ltd. Company number: 11572991).​

1. General
Acceptance of our quotation(s) includes acceptance of the following Terms & Conditions.
2. Period of Quotation
The Quotation remains open for a period of one calendar month unless previously withdrawn. Thereafter, the Quotation is subject to re-confirmation or adjustment by the Get Tested.
3. Basis of Quotation
  1. All increases in labour and/or material cost arising after the date of quotation may be recovered from the Customer unless the quotation expressly excludes this condition.
  2. The quotation(s) are based on the work being affected during normal working hours, Monday to Friday.
  3. Variations or additional work shall be charged on time and material basis unless subject of a separate quotation accepted by the Customer.
  4. The laying of cables, conduits and pipe runs is by the shortest practicable routes.
  5. Work by other Trades, any statutory fees, or charges for work done by Supply Authority or Local Authority is not included.
  6. While reasonable care will always be taken, the quotation does not include for incidental redecoration or other works consequent upon the proper execution of the works.
4. Terms of Payment
  1. Payment in full shall be due on completion of the work and shall be made within 7 days of the date of our invoice.
  2. Where the Contract Period is in excess of 4 weeks, written applications/invoices may be submitted weekly for the total value of work executed – less previous payments – the net amount due to be paid by the Customer within 7 days.
  3. Failure by the Customer to make any payment as aforesaid shall entitle Get Tested to suspend work and/or charge interest on the amount outstanding at 8% above the prevailing Bank of England’s base rate.
  4. Non account customers will be required to make a 50% advanced payment (fully refundable on cancellation) to secure contractual commitments between the company and Customer.
  5. A 50% deposit is required. If the project is cancelled after a deposit has been paid. A 25% fee will deducted from the initial 50% deposit payment.
  6. Payment of the 50% deposit indicates agreement to the Terms & Conditions.
5. Completion
Get Tested shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the companies control.
6. Consequential Loss or Damage
Without prejudice to the Customer’s Statutory rights, the company will pass to the Customer the benefit of any guarantees the company has received in respect of materials supplied by the company and undertakes to repair or, if necessary, replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the company, his work persons or agents and is brought to his attention within 12 months of the completion of the work, provided nevertheless that:
  1. The company accepts no responsibility for any drawing, design or specification not prepared by him.
  2. The companies responsibility to the Customer is limited to the fulfilment of the contract in a proper and workmanlike manner and the company shall not be liable for any consequential loss or damage arising out of the execution of the Contract, unless due to the negligence of the company, his work persons, or agents.
  3. The company shall not be liable for any wear and tear, loss or damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the Customer or by the company, his work persons, or agents at the Customer’s request before it is handed over for beneficial use.
  4. The repair or replacement of any faulty work or materials shall only be carried out by the company or agents; otherwise the Contractor’s warranties as to repair or replacement shall not apply.
  5. The company will take reasonable care but accepts no liability for damage to furniture or other fixtures and fitting which have to be moved by the company or his workmen in order to carry out the Contract Works. Without prejudice to this the company will maintain adequate Public Liability Insurance cover for at least the duration of the Contract.
7. Design
Any design information carried out or provided by ourselves, remains our copyright and is offered on the basis that the works shall be totally carried out by the company.
8. Aborted works
  1. Works that are agreed by the company and the customer that are aborted will be charged to the customer at the face value of the contract.
  2. All testing appointments that are booked in and agreed by the company to which the company are refused or can not gain entrance shall be charged to the client at the face value of the test contract.
9. Confidentiality
  1. Each Party undertakes that, at all times during the continuance of the Contract and [for <>] after its termination:
    1. keep confidential all Confidential Information;
    2. not disclose any Confidential Information to any other person;
    3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions and the Contract;
    4. not make any copies of, record in any way or part with possession of any Confidential Information; and ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of that Parties confidentiality;
    5. Breach any confidentiality Laws in place that would effect the Parties confidentiality.
  2. Either Party may not:
    disclose any Confidential Information to:
    1. any sub-contractor or supplier of that Party;
    2. any governmental or other authority or regulatory body; or
    3. any employee or officer of that Party or of any of the aforementioned persons, parties or bodies;
    4. to such extent only as is necessary for the purposes contemplated by these Terms and Conditions and the Contract, or as required by law, and in each case subject to that Party first informing the person, party or body in question that the Confidential Information is confidential or any employee or officer of any such body obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is at the date of the Contract, or at any time after that date becomes, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.
10. Communications
  1. All notices under these Terms and Conditions and under the Contract shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Party giving the notice.
  2. Notices shall be deemed to have been duly given:
    1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
    2. when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or
    3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
    4. on the tenth business day following mailing, if mailed by airmail, postage prepaid.
  3. All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party
  4. Force Majeure
    Neither Party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
  5. Waiver
    The Parties agree that no failure by either Party to enforce the performance of any provision in these Terms and Conditions or under the Contract shall constitute a waiver of the right to subsequently enforce that provision or any other provision. Such failure shall not be deemed to be a waiver of any preceding or subsequent breach and shall not constitute a continuing waiver.
  6. Severance
    The Parties agree that, in the event that one or more of the provisions of these Terms and Conditions or the Contract are found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (and, by extension, the Contract). The remainder of these and the Contract shall be valid and enforceable.
  7. Third Party Rights
    A person who is not a party to the Contract shall have no rights under the Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
  8. Law and Jurisdiction
    1. These Terms and Conditions and the Contract (including any non-contractual matters and obligations arising there from or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
    2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions or to the Contract (including any non-contractual matters and obligations arising there from or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.

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