Perfect Heating And Plumbing’s Legal Page
THE TERMS AND CONDITIONS BELOW SHALL APPLY TO:- THE PROPOSAL GIVEN OVERLEAF OR ATTACHED TO ANY ORDER; EITHER WRITTEN OR VERBAL, AND ANY SUBSEQUENT CONTRACT BETWEEN PERFECT HEATING AND PLUMBING FOR THE SUPPLY OF THE SERVICES OR MATERIALS DETAILED IN THIS PROPOSAL, VERBAL INSTRUCTION OR ANY ORDER. PLEASE READ CAREFULLY.
1. Formation of a Contract
1.1 The proposal given on or attached to these terms and conditions will only remain valid for a period of 28 days.
1.2 Acknowledgement and acceptance of this proposal is made by you placing a verbal or written order within the specified period in paragraph 1.1 above, at which time you will be bound by these terms and conditions. Each proposal accepted shall constitute an individual legally binding contract between you and Perfect Heating And Plumbing. Such contract is hereinafter referred to in these terms and conditions as “an order”.
1.3 No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by Perfect Heating And Plumbing or a person authorised to sign on our behalf.
1.4 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods / and or the work the subject of this order.
2. Our Responsibility (The Company)
2.1 We (Perfect Heating And Plumbing) will ensure that all materials supplied comply with safe building practices and are free from defects and that any work carried out is carried out with reasonable care and skill and to a reasonable standard.
2.2 Before starting any work we will carry out an inspection to make sure that all work quoted is appropriate and practicable.
2.3 If after our inspection, or during the works any further work is necessary either because of alterations in design, specification or otherwise and this causes an increase in costs we will :-
- For large additions (value over £500) we will send you a further proposal giving details of the extra costs and will only proceed with the works once your written acceptance has been received.
- Advise you verbally and seek your verbal consent to allow the work to continue.
2.4 Subject to paragraphs 2.2 and 2.3 we will carry out the work in accordance with our proposal.
2.5 We will make good any damage caused whilst carrying out the work.
2.6 Scaffolding, although every effort is made to ascertain that access is possible to areas by ladder, if it is found after starting of works that access is not possible in a safe manner to areas, and no price has been given for scaffolding, Perfect Heating And Plumbing will quote any additional charge for such scaffolding as required.
2.7 Damage repair, any reparation work requested as a result of damage by other parties will be costed and scheduled separately.
2.8 We reserves the right to photograph the work as it progresses.
2.9 Every effort is made to arrive at a job at the time and date agreed with you, however we cannot accept liability for arriving late or for the late delivery or failure to supply materials. We will always call you when we are on route to you and give you an estimated time of arrival.
2.10 We accept no liability for any delay or consequences of any delay in performing our obligations if such delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
2.11 We reserve the right to decline to undertake any work.
3. Responsibility (The Client)
3.1 You will permit us during normal working hours to carry out an inspection and thereafter to undertake the works according to the programme set out in the proposal. Access to the site/working area will be granted to Perfect Heating And Plumbing during the agreed schedule, and require that no other trades are working on or around the site/property concurrently unless agreed prior to the start date by Perfect Heating and Plumbing.
3.2 You will remove all items necessary to allow us to commence the works and cover and protect all fixtures and fittings, which cannot be removed prior to the commencement of the works. If this is not done, we will charge a delay fee, and invoice for any clearing work. Should our workmen be requested to move any furniture or possessions, it is at owners own risk.
3.3 You will obtain all permissions, consents, (including if necessary planning permission) from landlords, local authorities and others, which are required before the work can commence.
3.4 Where you are required to provide us with measurements or other information such measurements or information these must be correct. If we rely on the measurements or information given when preparing our proposal and such measurements or information are incorrect we reserve the right to increase the price to make good any errors or additional works required as a result.
3.5 Where you are supplying some or all of the materials/items/tiles they must be onsite prior to our start date. Any delay caused by missing materials that should have been supplied by you will be charged for.
3.6 Any delay caused by missing or broken materials supplied by you, where the Company has to locate and purchase spares/replacement will be charged for.
3.7 If residential parking is in force you shall provide parking permits free of charge for the Companies vehicles.
3.8 You will comply to these terms and conditions until the engineer has arrived at you property and you have signed the contract which you will then be tied to the terms and conditions of the contractual agreement.
3.9 Materials purchased as a result of work you instructed us to undertake will be charged to you if you later cancel. Any handling or restocking charges incurred will also be included
4. Type(s) of Work Undertaken
4.1 We will carry out all types of work associated with the Proposal.
5. The Estimate/Quotation
5.1 Every effort is made to estimate work as accurately as possible for the proposed works, it is sometimes necessary to include an additional sum in the final account for items and labour which could not be foreseen at the estimation stage. These items will always be discussed with the client whenever possible; if however the client is not available, and no other aspect of the work may be undertaken in the interim, we will continue in order to finish works on schedule.
5.2 Fixed Price work. Quotes will include labour and materials plus Vat. The price will be fixed but manifest errors shall be exempted. Revision to quotes may occur if:-
- You change the scope of the work.
- There is an increase in the price of materials.
- Further works turn out to be needed to do the work.
- Impossible for us to do the work for the previously estimated price, we will give you a free quote for the work so that you can choose to use us or not. If you decline the quote there will be no charges payable by you.
6.1 On acceptance of the proposal in accordance with paragraph 1.2 the deposit specified in the proposal shall be payable. The balance of the order price will be due upon satisfactory completion of the work.
6.2 Should you cancel your order after the period specified in condition 7 below, your deposit may not be repayable.
6.3 Upon instruction of works to Perfect Heating and Plumbing, a deposit of 40% of the total cost is requested when the total cost is £5,000 or less PRIOR to commencement, a minimum of 15 working days in advance. If the total is£5,001 or more, then 50% deposit is required and a further 30% is payable during works. The remaining balance is payable immediately on the last day of works. If the client fails to pay the agreed instalments on or before the due date Perfect Heating And Plumbing will cease work and enforce payment of the balance of the contract price. Perfect Heating And Plumbing reserves the right to charge interest at a rate of 3% above the Bank of England base rate, per month on any amounts unpaid after the due date of the final invoice. Should you request any work additional to that detailed above, you will receive a separate quote and the work will be invoiced separately. If our terms and conditions are not met, the invoice will be adjusted to include interest payable at 3% per month above the Bank of England’s base rate. If the client fails to pay the agreed instalments on or before the due date, Perfect Heating And Plumbing will cease work and enforce payment of the balance of the contract price.
7. Cancellations and Delay
7.1 If you change your mind you may cancel your order by notifying us in writing within 28 days of acceptance of any major works, (full kitchen, central heating or bathroom installations) at the address below (condition 14) and we will refund your deposit in full.
7.2 If you fail to cancel your order within the time period specified in paragraph 6.1 above your deposit will not be returnable.
7.3 If we arrive for either an appointment arranged over the telephone or a pre-booked one, or if we contact you to confirm your appointment, for any small works, and we are unable to gain access, or if you fail to notify us within 7 days of the appointment that you no longer require an engineer’s visit, you will be charged a cancellation fee as scheduled below.
7.4 Failure to pay the cancellation charge will incur additional cost (see condition 14). After 14 days of non-payment you will be written too using recorded post. If your invoice still remains unpaid after 30 days your debt will be handed over to our debt recovery company and all costs incurred will be added onto our outstanding invoice. You will also incur a £65+VAT administration charge by the Company.
8.1 Hourly Rates. The total charge to the Client shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 15%) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining un-stocked materials) charged in accordance with the Company’s current hourly rates with a minimum charge of 1 hour. Work greater than 1 hour will be charged at intervals of 30 minutes. The Client shall only be charged for the time spent related to the Client’s work, all other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
8.2 Day Rates. Where a day rate has been quoted, this will be for 7 hour days.
8.3 Extended Daily Rates. Were a normal working day, 7 hours, has to be extended to complete a task, the additional time will be charged at the day rate, divided by 7, multiplied by 1.5, plus VAT at the prevailing rate except in cases where the work carried out is zero rated
9. Material Collection.
9.1 Collection of non-stock items is chargeable but:
- Time will be kept to a minimum & reasonable.
- The Client will be informed wherever possible when the operative leaves the premises.
- If the collection time is likely to exceed 45 minutes the Client will be additionally informed of the circumstances.
- Only one engineer is allowed to leave the job to collect parts.
- The collection of materials which should be normally stocked is non-chargeable.
10. Force Majeure
10.1 We shall not be liable for delay or failure to perform any of our obligations under this order if the delay or failure is caused by any circumstances beyond our reasonable control.
10.2 For the purposes of this condition, “force majeure” shall include, but not be limited to acts of God, war, terrorism, civil disorder, industrial dispute, fire, flood, poor weather or explosions.
10.3 Upon the happening of a “force majeure” event we shall be entitled to a reasonable extension of time for the performance of our obligations.
11.1 The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the Company is:
- Subject to misuse or negligence.
- We carry out works for you using your materials.
- Repaired, modified or tampered with by anyone other than a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
- We indicate that further works need to be carried out.
- You order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Existing installations are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
11.2 The Company will not guarantee any work in respect of blockages in waste & drainage systems etc.
The company will not guarantee any work undertaken on instruction from the Client & against the written or verbal advice of the operative/engineer.
11.3 Work is guaranteed only in respect of work directly undertaken by the Company & 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.
The Company shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the Client has been notified by the operative either verbally or in writing of any other related work which requires attention.
All work will be carried out to a thorough standard, materials used will be of current British Standard requirements. If different materials are requested then the price will be adjusted accordingly.
All our work is guaranteed for 12 months, whereby we promise to return and put right any faults due to our workmanship at the earliest opportunity and free of charge.
11.4 The Client shall be solely liable for any hazardous situation in respect of GAS SAFE Regulations or Gas Warning Notice issued.
11.5 We have a 60 day guarantee period of our labour for repairs and a 12 months guarantee for new installations if the materials are supplied by us and the duration of the manufacturer’s guarantee for all parts or equipment supplied by us. If you are not satisfied with our work, you must contact us, by telephone 07802 758166 or in writing, within 30 days of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within 30 days nor let us back in to rectify our work we shall have no liability. You agree to let our insurers inspect any works carried out by the Company.
12.1 We do not exclude liability for death or personal injury, however we shall not be liable for any direct loss or damage suffered by you howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise in excess of TWO HUNDRED FIFTY THOUSAND POUNDS (£250,000)
12.2 We shall not under any circumstances be liable for any indirect or consequential loss howsoever caused whether by negligence, breach of contract, misrepresentation or otherwise.
12.3 We or our insurers shall not be liable or investigate any claim for loss unless you have given written notice to us within 14 days of its occurrence and given us or our insurers every facility to investigate such occurrence.
13. Title To Goods
13.1 Goods supplied and delivered by the Company to you, or your premises shall remain the Companies property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk of the goods will pass to you upon delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
14. Payment Terms
14.1 Invoices are due for payment immediately upon delivery to the Client. Any part of that invoice which remains unpaid shall carry interest at the rate of 3% over the base rate until payment in full is received by the Company.
14.2 Payments must be made in full by cheque or cash to the engineer upon receipt of invoice. Cheques made payable to Perfect Heating And Plumbing.
14.3 If payment is presented without sufficient funds for the payment to clear and the bank returns the payment to Perfect Heating And Plumbing then an administration fee of £55+vat will be added to the outstanding invoice plus any fee charged by the Bank.
15.1 If you are not satisfied with our work, you must contact us, either by telephone 07802 758166 or in writing, within 30 days of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that if you do not contact us within 30 days nor let us back in to rectify our work we shall have no liability. You agree to let our insurers and any Manufacturers representative of any product installed into your property inspect any works carried out by the Company.
15.2 We aim to provide a high level of service. If you do have an enquiry or complaint regarding the goods or services provided by us please address them to – Customer Care, Perfect Heating & Plumbing, 16 Richlands Avenue Epsom Surrey KT17 2JW.
16.1 If any part of these terms and conditions are found to be unlawful it shall not affect the validity or enforceability of the remaining clauses. 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.
16.2 These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorized representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions
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