You/Your: The customer.
The Company/We: 1Gas Connections Ltd trading as 1Gas. Registered address: 11 Longley Lane, Spondon, Derby DE21 7AT. Company registration number: 10770429.
Quotation: The cost of the works to be carried out as priced by The Company, supplied in written form and based on information provided by you to The Company, either online or over the telephone.
Acceptance: Your acceptance of the agreed works, price and terms and conditions as provided in the Quotation.
The Contract: The offer and acceptance between The Company and You.
Acceptance Period: The amount of time during which the quotation remains valid before a new quotation is required- 45 days unless otherwise stated.
Site: The premises where the works are to be carried out
Estimated Start date: The date which has been agreed between The Company and You that the works are expected to begin. The Works: The fitting, removal or moving of pipework and metering equipment as detailed in the quotation.
Parties: You and the Company.
Price: The amount to be paid by You to The Company in respect of the works to be carried out. The price will include VAT at the current rate.
Works Provider: The metering and/or supply company and/or their subcontractors. who will attend your premises to do the work on our behalf.
Meter(s)/ Metering Equipment: The measuring device (and any ancillary devices) that record the amount of gas passing through it so that bills for usage can be issued by the registered gas supplier.
Outlet: Your own pipework and appliances connected thereto on your Pipework/ side of the gas meter.
2.1. If You wish to accept our Quotation please sign and return the acceptance form to The Company within the Acceptance Period along with payment in full of the price quoted, whereupon The Contract with The Company becomes legally binding on both You and The Company.
2.2. If paying by cheque, payment is not deemed to be made until the funds have cleared in our account.
2.3. We will keep you informed of the likely start date.
Upon entering this Contract You accept that:
3.1. Full payment of the price quoted will be made before The Works begin. You will be liable for any additional and/ or unforeseen costs incurred by The Company due to variations or changes in the scope of The Works to be carried out (whether at Your request or because of unexpected circumstances arising as the works progress). Work may be suspended until further payment is received from You to cover such costs.
3.2. All information provided by You is accurate and you acknowledge that the Quotation has been given on the basis of such information
3.3. You will obtain and supply all necessary consents required to complete the Works.
3.4. You will notify the Company immediately of any changes to any of the information that You have previously provided to the Company.
3.5. You will provide, to the Works Provider, unhindered access to the Site for the purpose of carrying out The Works (and any necessary or requested variations).
3.6. You accept liability for any losses or costs that The Company might incur as a result of any failure on Your part to comply with Your responsibilities under this Agreement.
Upon entering into this agreement, The Company accepts that:
4.1. We will endeavour to ensure that The Works begin as soon as reasonably possible after the Estimated Start Date.
4.2. We will endeavour to ensure that The Works are completed within the time period estimated and agreed with you. If delays arise We will inform you.
4.3. The pipework and/or Metering Equipment supplied will be such equipment referred to in the Quotation. The Metering Equipment will be fit for purpose and installed using reasonable skill and care.
5.1. Neither The Company nor You will be liable (whether in tort or in contract) to the other party for loss of revenue, goodwill or profit, or any consequential or indirect loss thatmay arise from any breach of The Contract or from any act of negligence or omission within it.
5.2 The Company’s liability to You howsoever arising, whether in contract, tort (including without limitation negligence, breach of statutory duty or other tortious act omission or default), by way of contribution or otherwise, shall be limited to 100% of the Price. All warranties on the part of the Company in relation to the Works other than those expressly set out in this Contract are excluded.
5.3 Unless specified in our Quotation, The Company will have no liability or responsibility for the Outlet connected on the customer side of the meter and/or metering equipment.
5.4. Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended, but if such circumstances prevent the Company from fulfilling its obligations under the Contract for more than 180 days, then the Company has the right to terminate the Contract immediately by giving written notice to You.
5.5. In the unlikely event that the Works Provider should cause any damage or loss to occur in the course of their activities, be these on our behalf or not, then The Company does not accept any liability for such damage or loss.
5.6. With regard to injury or death no part of The Contract shall have any bearing on the liability of The Company or You.
6.1. In the event of the following:
7.1. By requesting a quotation from The Company (whether or not it is accepted) you give due consent that we may store such data as We, or the companies we work with, require for the purpose of controlling credit, preventing fraud and routine account administration.
8.1. Should you wish to assign The Contract, then this can only be done after receiving written consent from The Company. The Company reserves the right to subcontract, transfer or assign its obligations and rights in The Contract to any third party.
8.2. Any notices sent must be by email or post. Delivery is considered to have been received two days after despatch.
8.3. Notwithstanding any previous communication between the parties, whether written or verbal, this agreement constitutes in full The Contract entered into between You and The Company.
8.4. Notwithstanding references in any provisions of this Contract to a third party (whether by name, description or as a member of a class), the Parties do not intend such provision to be enforceable by the third party in its own right. No party other than a Party to this Contract shall have any right to enforce any provision of this Contract pursuant to the Contracts (Rights of Third Parties) Act 1999.
9.1. The Contract shall be governed by and interpreted in accordance with English Law, and the Courts of England and Wales shall have jurisdiction in relation to all matters under or in connection with this Contract.
10.1 If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or partprovision shall be deemed deleted. Any modification to or deletion of a provision or partprovision under this clause shall not affect the validity and enforceability of the rest of the Contract.
10.2 If [one party gives notice to the other of the possibility that] any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision
11.1 A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.