Terms & Conditions

DW Dunn LTD Terms & Conditions of Business, Last updated 5th February 2024

For the purpose of these terms & conditions, the following words shall have the following meanings:-

(a) “The company” shall mean DW Dunn Ltd or Gloucestershire Softeners

(b) “The customer” shall mean the person or organisation for whom the company agrees to carry out works and/or supply materials.

1. All Work

1.1

Where the date or time for works to be carried out is agreed by the company with the customer, the company shall use its best endeavours to ensure that the engineer shall attend on the date and timeframe agreed.

1.2

If the date or timeframe has to be changed for any reason, the company will contact the customer at the earliest opportunity and agree a new date and timeframe.

1.3

The company reserves the right to refuse or decline work at its own discretion.

1.4

Where the company agrees to carry out works for the customer, those works shall be undertaken by the designated operative of the company at its absolute discretion and may, from time to time, use approved contractors to complete works.

1.5

If the engineer identifies a problem that is not related to the works they carried out, the engineer will advise the customer accordingly and, subject to the customer’s consent, will attempt to rectify the matter.

1.6

The customer will be charged for the time it takes for the engineer to rectify the matter and for the cost of any replacement parts required.

1.7

The customer should notify us if they have knowledge of (or suspicion regarding) the existence of any potentially harmful substances, such as asbestos, that could be disturbed by our works. In the event that we encounter asbestos while carrying out our tasks, we will promptly inform the customer. To mitigate the risk of exposure to hazardous fibres for our engineers, customers, or other occupants, we will cease works. It will be necessary for the homeowner to arrange for a specialist company to collect samples and conduct analysis to determine the presence of asbestos. Should asbestos be confirmed, it may be essential to engage the services of a Health and Safety Executive (HSE) licensed contractor for specialised removal before we are able to proceed with our work safely.

2. Gas Work

2.1

All gas work will be undertaken by a Gas Safe registered engineer or by a trainee gas engineer under the full supervision of a Gas Safe registered engineer, as prescribed by Gas Safe. Engineers will be happy to produce their Gas Safe card on request.

3. Oil Work

3.1

All oil work will be undertaken by an OFTEC registered engineer or by a trainee oil engineer under the full supervision of an OFTEC registered engineer, as prescribed by OFTEC. Engineers will be happy to produce their OFTEC card on request.

4. Servicing

4.1

The service price is inclusive of the labour required to service the appliance and provided inclusive of VAT. It does not include parts and additional labour, should the appliance be found to be faulty.

5. Parts

5.1

The Company will be entitled, in accordance with market practice, to charge a mark-up on any parts, materials and other items supplied by it, subject to a maximum mark-up of 65% of the actual cost paid by The Company for the relevant item. The mark-up will reflect, at The Company’s sole discretion, the level of trade or other discount that The Company was able to obtain from the relevant supplier.

6. Pricing

6.1 Hourly rate work

6.1.1

The customer will be told the hourly rate in advance of work commencing if requested.

6.1.2

Any time taken to collect additional materials will be kept to a minimum and discussed in advance with the customer where possible.

6.1.3

The hours worked, and the cost of labour and materials, will be clearly and accurately shown on the invoice.

6.1.4

The total charge to the customer shall consist of the cost of materials supplied by the company and the amount of time spent by the engineer in carrying out works. This will include all reasonable time spent in obtaining materials, parts, and equipment from any supplier not stocked on the engineer’s van.

6.1.5

The customer shall only be charged for the time spent related to the customer’s work. Any rest breaks will not be charged for.

6.2 Fixed price work

6.2.1

Fixed price work shall be given as a firm cost including labour and materials, except where material facts or information have not been disclosed or made clear, to enable a fair and accurate price to be given.

6.2.2

Where a written quotation has been supplied to the customer, the total charge to the customer should not exceed the amount quoted, except in the following circumstances:-

if after submission of the quotation, the customer instructs the company (whether orally or in writing) to carry out additional works not referred to in the quotation.

if after submission of the quotation, there is an increase in the price of materials. This will be brought to the attention of the customer before the materials are installed and a new quotation will be supplied where possible.

iii

if after submission of the quotation, it becomes impossible for us to do the work for the previously quoted fixed price, we will give you a revised quotation for the work so that the customer can choose to use us or not. If the customer declines the quote, there will be no charges payable.

6.3 All work

6.3.1

The company charges a minimum 1-hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work.

6.3.2

If for any reason we are unable to carry out works during attendance, the minimum 1-hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used.

6.3.3

Any additional time taken for the job to be completed will be billed in no less than 30 minute increments.

7. Payment

7.1 Invoices

7.1.1

Invoices are payable at an hourly rate are payable within 10 days by card or bank transfer. The total charge to you will be the time spent by our representative on the job, which is charged for full and part completed hours, with a minimum charge of 1 hour. It will include all reasonable time spent in obtaining materials.

7.1.2

Invoices are due for payment 10 days after delivery to the customer, unless a different time frame has been agreed between the parties. If payment is made within this time frame, the credit charge* detailed is not applicable.

7.1.3

If any part of that invoice remains unpaid beyond the payment date, the additional credit charge* as shown on the invoice will be incurred.

7.1.4

Any invoice disputes should be made in writing before the due date of the invoice.

*if applied to the invoice

7.2 Deposits

7.2.1

A deposit may be required before large scale works commence. This will be explained in writing in the quotation, and the customer agrees to pay this before any works commence.

8. Cancellation

8.1

The customer has the right to cancel any works up to 14 days after the contract has been agreed.

8.2

If the customer wishes to cancel within this time, the customer agrees to pay for any works already completed by the company, or materials ordered where a restocking fee is charged to us.

9. Guarantee

9.1

The company provides a twelve-month labour warranty from the date the work is carried out.

9.2

The guarantee will become null & void if the work/appliance completed/supplied by the company is:

Subject to misuse or negligence.

Repaired, modified or tampered with by anyone other than a company operative.

9.3

The company will accept no liability for, or guarantee suitability, materials supplied by the customer and will accept no liability for any consequential damage or fault.

9.4

All materials will be installed as per manufacturer’s instructions and in accordance with building regulations in order that any warranty will remain valid.

9.5

Work is guaranteed only in respect of work directly undertaken by the company and where payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.

9.6

The company shall not be held liable or responsible for any damage or defect where recommended work has not been carried out.

9.7

Work will not carry a guarantee where the customer has been notified by the engineer, either verbally or in writing in the recommendations section of the invoice, any related work which requires attention and adversely affects the work undertaken.

9.8

Where the Company agrees to carry out works on installations of inferior quality or over ten years old at that date, no warranty is given in respect of such works & the company accepts no liability in respect of the effectiveness of such works or otherwise.

9.9

Where customers purchase their own materials, the company is not responsible for missing parts, faulty items, non-compatibility or guarantees. The company reserves the right to make a charge for replacing missing, faulty or non-compatible items if requested to do so.

9.10

Nothing in this term reduces or removes the rights the customer has under the Consumer Rights Act.

10. Provision of Documents

10.1

The company will be under no obligation to provide or issue any guarantees, certificates, or other similar documents to the customer for works, unless payment has been made and received in full.

11. Complaints Procedure

11.1

In the unlikely event the customer experiences a problem with the service provided by the company, the customer must put their complaint in writing to the DW Dunn Ltd Office (Ewen Address) at their earliest opportunity. Upon receipt of this complaint, the company will endeavour to respond within five days.

11.2

Where the company cannot resolve the complaint to the customer's satisfaction and/or agree to the final resolution requests confirmed to us; and both parties agree a ‘deadlock’ has been reached, the customer can then escalate their complaint. As a Which? Trusted Trader, we have access to an Alternative Dispute Resolution (ADR) service for our domestic installation, service, and repair works. The customer can choose to refer their complaint to Which? Trusted Traders’ Alternative Dispute Resolution by contacting Which? Trusted Traders on 02922 670 040.

12. Liability

12.1

The company is not liable for any damages, including but not limited to, property damage, personal injury, or death, arising from the performance of the work, unless such damages are caused by the negligence of the company.

13. Force Majeure

13.1

The company is not liable for any delay or failure to perform the work due to events beyond its control, including but not limited to, acts of God, war, terrorism, or civil unrest.

14. Governing Law

14.1

This agreement will be governed by and construed in accordance with the laws of England & Wales.

15. Entire Agreement

15.1

This agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral.

These terms & 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 or by the customer.