PLUMBER TERMS AND CONDITIONS – CONSUMER CLIENTS
1. Definitions and Interpretations
1.1 “Agreement” shall mean these agreed Terms and Conditions for the supply of Products and provision of Services.
1.2 “Consumer” shall mean the person who deals as a consumer as defined by section 2(3) of the Consumer Rights Act 2015.
1.3 “Customer” shall mean the person that orders the Products and Services from the Supplier and who is defined as a consumer in accordance with section 2(3) of the Consumer Rights Act 2015.
1.4 “Order” shall mean the formal acceptance of the Proposal by the Customer.
1.5 “Products” shall mean all Products supplied by the Supplier in the course of this Agreement.
1.6 “Proposal” shall mean the written statement of the Products and Services that the Supplier offers to the Customer.
1.7 “Services” shall mean all Services supplied by the Supplier in the course of this Agreement.
1.8 “Supplier” shall mean the party contracted to provide the Products and Services under this Agreement and who is defined as a “Trader” in accordance with section 2(2) of the Consumer Rights Act 2015.
1.9 “Terms and Conditions” shall mean this agreed written contract between the Supplier and the Customer.
1.10 “Works” shall mean the work carried out as part of this Agreement and the physical location of the work being carried out.
1.11. Unless the context otherwise admits words importing one gender shall include all other genders and words importing the singular shall include the plural and vice versa.
1.12 Reference to any statutory provisions in this Agreement shall include any statutory provisions, which amends or replaces it.
2. Introduction
2.1 No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by the Supplier or a person authorised to sign on the Supplier’s behalf.
3. Proposal
3.1 The Proposal given will only remain valid for a period of 30 days.
3.2 The Proposal must be accepted by the Customer in its entirety and without modification.
3.3 Acknowledgment and acceptance of this Proposal is made by the Customer placing an Order within the period specified in paragraph 3.1 above, at which time the Customer will be bound by these Terms and Conditions. Such contract is hereinafter referred to in these Terms and Conditions as “an Order”.
3.4 An Order is only accepted once the Supplier confirms acceptance to the Customer in writing.
3.5 The Supplier reserves the right to refuse any Order.
4. Products and Services Specification
4.1 The Products and Services provided by the Supplier to the Customer are those detailed in Schedule 1 of these Terms and Conditions.
4.2 If the Customer wishes to vary any of the Products and Services provided the written consent of the Supplier must be obtained. The Supplier must be informed in writing within 14 days of acceptance of the Order of any changes, alterations, reductions or cancellations.
4.3 The Supplier reserves the right to make additional charges for any agreed written variation to Schedule 1 of these Terms and Conditions.
4.4 Any descriptions, promotional material, drawings or sketches provided by the Supplier or third parties are for illustrative purposes only and to provide an outline of what will be provided, unless agreed in writing between the parties.
4.5 The Supplier will begin delivering the Products and Services at the time and date specified in Schedule 1 of these Terms and Conditions. The Supplier reserves the right to vary the time and date, and shall inform the Customer of any variation.
4.6 The start date for delivery of the Products and Services is an estimate only and is not guaranteed by the Supplier. The start date shall not be of the essence in this Agreement.
4.7 The Supplier shall not be liable for any costs; damages or losses caused either directly or indirectly by any delay in delivering the Products and Services to the Customer.
5. Price
5.1 The price for the Products and Services provided is inclusive of Value Added Tax (VAT) and such other charges that may apply.
5.2 If the rate of VAT increases between the date of the Order and the date of delivery and/or completion the Supplier will add the necessary additional amount of value added tax to the price of the Products and Services.
5.3 If the price of the Products and Services increases for any other reason between the date of the Order and the date of completion the Supplier will notify the Customer of this.
6. Title and Payment
6.1 Unless otherwise stated in the Order payment for the Products and Services comprised in each Order shall become due 7 days after delivery.
6.2 The Supplier will be entitled to claim all additional costs (including, but not limited to legal costs) incurred in obtaining payment from the Customer where the Customer is late paying the Supplier.
6.3 Title to the Products comprised in the Order shall not pass to the Customer until the Customer has paid the full price. Furthermore the Supplier reserves the right to sue for the price once payment becomes due notwithstanding that title may not have passed.
6.4 Where any works or services provided by the supplier are subjust to snagging or remedial work, the customer agrees to make a payment of 95% for the completion of the works or services and to pay the remaining balance of 5% once the snagging or remedial work is completed or within 14 days of the 5% invoice, whichever comes sooner.The customer must allow access immediately to the supplier in order to complete the snagging or remedial work.
6.5 Late payments will be subject to a daily interest rate of 4% over the base rate until full payment is received by the supplier. This applies whether the late payment is in part or full.
7. Delivery and Risk
7.1 Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order.
7.2 Whereas the Supplier will try to ensure compliance with any delivery times and dates given, such times and dates are an estimate only. The Supplier will not be responsible for any loss whatsoever arising from or consequential upon delay in delivery.
7.3 Risk in the goods shall pass to the Customer upon delivery.
8. Complaints Statement
9. Customer Obligations
9.1 The Customer will permit the Supplier access during normal working hours to undertake the Works.
9.2 The Customer will obtain all consents, licenses and permissions from landlords, local authorities and others, which are required before the Works can commence and in a timely manner so as not to delay the Works.
9.3 The Customer shall only access the immediate area of the Works with the Supplier’s express permission.
9.4 If the Customer does access the Works they (and any third party under their control) shall observe all relevant health and safety regulations and follow the advice and directions of the Supplier at all times.
9.5 The Customer shall ensure that the Works area is not used until the Works are completed.
10. Intellectual Property Rights
10.1 All content on this website, icluding all text, pictures, logo’s and graphics, cannot be reproduce, copied or distributed either in part or in full. All content of the website is the sole property of the Supplier.
11. Defects and Delays
11.1 The Supplier will not be responsible for defective Products and/or Services where caused by the negligence or poor workmanship of third party contractors not employed by the Supplier.
12. Exclusion
12.1 The Supplier shall not be liable to the Customer for damage caused by the Customer or any third party failing to follow instructions given by the Supplier.
13. Indemnities
13.1 The Customer will indemnify the Supplier against all claims, costs, damages or fines the Supplier may incur arising from the Customer’s breach of its obligations under these Terms and Conditions.
14. Complaints
The Supplier aims to provide a high level of service. If the Customer has an enquiry or complaint regarding the general service or specific Products and Services provided by the Supplier the relevant parties within the Supplier should be contacted immediately.
15. Guarantees
15.1 The Supplier provides a guarantee for labour only, in respect of faulty workmanship. All parts and components supplied are subject to their manufacturers warranty.
15.2 The Supplier cannot guarantee any work in respect of blocked drainage or waste systems.
15.3 The Suppliers guarantee only covers work directly undertaken by the supplier, its employees and subcontractors.
15.4 The customer is solely liable for any situation found where a gas warning notice has to be issued.
15.5 The Supplier’s guarantee will be void if any work, materials or supplied parts have since been changed, damaged, tampered with and/or no longer adheres to industry regulations or the manufacturers instructions due other works carried out by the customer, third parties or companies/persons employed by the customer.
15.6 Guarantees/warranties are not insurance backed.
16. Cancellation and Cooling Off Period
16.1 In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (and any other relevant legislation). Where this Agreement is concluded at the Customer’s home or office (either as a result of a solicited or unsolicited visit by the Supplier) the Customer has an initial minimum statutory 14 days “cooling off” period. This allows the Customer 14 days in which to change their mind and cancel the Order.
16.2 Subject to paragraph 16.1 above the “cooling off “period for the purposes of this Agreement is 14 days.
16.3 Furthermore for the purposes of this Agreement the Customer may cancel the Order within the “cooling off” period where the Agreement is concluded at a place other than the Customer’s home or office, such as the Supplier’s office.
16.4 The “cooling off” period runs from receipt of this Agreement by the Customer.
16.5 Notice of cancellation by the Customer must be given to the Supplier in writing. Please see the suggested form of cancellation at the end of this Agreement.
16.6 The Supplier reserves the right to retain monies or seek payment for all reasonable costs incurred in respect of the Order where the Customer has specifically requested in writing that goods or services be supplied within the initial “cooling off” period.
16.7 The Supplier will not supply any goods or services during the initial cooling off period unless a specific written request is received from the Customer to do so.
16.8 If the Customer seeks to cancel the Order outside the cooling off period stated in paragraph 16.2 above the Supplier reserves the right to retain any monies paid by the Customer to cover all reasonable expenses incurred by the Supplier.
16.9 If such retained monies do not cover the reasonable expenses incurred by the Supplier the Supplier reserves the right to seek additional payment from the Customer to cover these reasonable expenses.
17. Termination
17.1 The Supplier may terminate this Agreement immediately in the event that:
17.1.1 The customer commits a serious, grave or material breach or persistent breaches of this Agreement including non-performance, default or neglect of its duties, responsibilities and obligations under this Agreement, and
17.1.2 Such breach remains unremedied for a period of 30 days from written notice given by the other party specifying the breach and requiring its remedy.
17.3 Any termination of this Agreement shall be without prejudice to any rights accrued in favour of either party in respect of any breach committed prior to the date of (or giving rise to) such termination and to those provisions of this Agreement which are by their construction intended to survive such termination.
18. Notices
18.1 Any notice given by either of the parties under this Agreement shall be served on the other party and addressed to that party’s signatory by email, personal delivery, pre-paid recorded delivery, first-class post, or facsimile transmission to the receiving party.
18.2 Any such notice shall be deemed to be effectively served as follows:
18.2.1 In the case of service by pre-paid recorded delivery or first-class post 48 hours after posting.
18.2.2 In the case of service by email, or facsimile transmission on the next working day.
19. Force Majeure
Neither party shall be liable for delay or failure to perform any obligation under this Agreement if the delay or failure is caused by any circumstances beyond its reasonable control, including but not limited to Acts of God, war, civil disorder or industrial disputes. If such delay or failure continues for a period of at least Sixty (60) days the party not subject to the force majeure shall be entitled to terminate this Agreement by written notice to the other.
20. Waiver
Failure by either party to enforce any accrued rights under this Agreement is not to be taken as or deemed to be a waiver of those rights unless the waiving party acknowledges the waiver in writing.
21. Assignment
Neither party may assign their rights under this Agreement without the prior consent in writing of the other party.
22. Severance
The paragraphs, sub paragraphs and clauses of this Agreement shall be read and construed independently of each other. Should any part of this Agreement or its paragraphs, sub paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub paragraphs and clauses.
23. Entire Agreement
This Agreement sets out the entire agreement and understanding of the parties and is in substitution of any previous written or oral agreement between the parties.
24. The Consumer Rights Act 2015
These Terms & Conditions are specifically written in accordance with the Consumer Rights Act 2015. Should these Terms & Conditions conflict with the Act, the Consumer Rights Act 2015 shall prevail and apply.
25. Your Statutory Rights
Nothing in these Terms and Conditions shall affect the Customer’s statutory rights.
26. Jurisdiction
These terms and conditions shall be construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts.