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Terms
& Conditions of services to be provided by J.E. Plumbing Services
Effective
from: 1 April 2006
The customer entering
into a contract for services provided by J.E. Plumbing Services agrees
to acceptance of the terms and conditions stated (below).
Definitions:
The Proprietor of J.E. Plumbing Services, referred to
thereafter as “the Company”, means Jeffrey Elvin of 42 Sparkfields,
Mapplewell, Barnsley S75 6BH. Tel: 01226 384292 and also covers all
employees thereof. The Customer, you, - means the person who agrees to
the work being undertaken by the company and the person who undertakes
to pay the bill. Services - means the work undertaken for the
customer. Products – means domestic plumbing, which the customer
agrees to buy from the company. Materials - means items such as pipe,
insulation, couplings etc. Price - means the price of the goods
including VAT and any carriage, packing and insurance costs.
1. General description
of business
The Company
offers basic, domestic plumbing (water based) to current British
Standards and codes of practice.
2. Conditions
2.1 These conditions shall form the basis of the contract
between the Customer and the Company in relation to the sale of good
and supply of Services, to the exclusion of all other terms and
conditions which the Customer may purport to apply under any purchase
order or confirmation of order or any other document.
2.2 All orders for Products or Services shall be deemed to be
an offer by the Customer to purchase Products or Services from the
Company pursuant to these conditions.
2.3 The offer of Products and Services by the Company does not
constitute acceptance of the Customers order. The Company reserves the
right to refuse to supply Products or Services at their discretion.
2.4 Acceptance of
delivery of products and acceptance of Services carried out shall be
deemed to be conclusive evidence of the Customer's acceptance of these
conditions.
2.5 These Conditions may not be varied except by the written
agreement of the Owner of the business.
2.6 These Conditions represent the whole of the agreement
between the Company and the Customer. These supersede any other
conditions previously issued.
3. Price
3.1 The price shall be determined by the plumber attending the
Customer in accordance with the Company's current price list.
or
3.2 The price shall be determined by the estimate supplied to
the Customer by the Company providing that all Products, Materials and
Services outlined in the estimate have been supplied. The Company will
charge separately for any additional Products, Materials or Services
supplied to the Customer, which are not detailed on the estimate.
3.3 The price is
exclusive of VAT, which shall be due at the rate in force on the date
of the Company's invoice.
4. Payment, charges and Interest
4.1 Payment of the Price and VAT shall be due at the time of
the work being completed unless authorised by an employee of the
Company wherein the Price and VAT will be due within 30 days of the
date of the Company's invoice.
4.2 The Company
reserves the right to recover costs in the event of cancellation of
services or during commencement of work on the customer’s premises,
unless expressed notification is given either in writing or telephone
within 48 hours prior to commencement of any work.
4.3 The Company reserves the right to charge interest on
overdue invoices which shall accrue from the date when the payment
becomes due calculated on a daily basis until the date of payment at
the rate of 8% per annum above the Bank of England base rate from time
to time in force. Such interest shall accrue after as well as before
any judgment.
4.4 The Company reserves the right to charge an administration
fee on overdue invoices to cover administration and collection of the
debt. The administration fee will be from a minimum of £10.00 and up
to 25% of the original invoice amount plus interest to date of
payment.
4.5 The Customer
shall pay all accounts in full and not exercise any rights of set -off
or counter claim against invoices submitted by the Company.
5. Products
5.1 The quantity
and description of the Products shall be as set out in the Company's
estimate.
5.2 The Company reserves the right to substitute any product
for one of equal or better quality at any time. The Company will make
every effort to inform the Customer of any substitution of Products
before the day of installation/delivery. The Company takes no
responsibility for their inability to inform a Customer of a
change/substitution where the Customer is unavailable at the address
provided by them or by phone on the telephone number provided by them
during normal office hours of 9.00am to 5.30pm, Monday to Friday.
6. Services
6.1 The services provided by the Company are subject to the
relevant British Standards, Codes of Practice which are current at the
time of the work being undertaken.
6.2 The Company reserves the right to use its professional
judgement in the undertaking of any services offered to the Customer
where the Customers wishes directly or indirectly contravene current
Health and Safety regulations, British Standards and codes of practice
or where the Customers wishes contravene a Manufacturers instructions.
6.3 By allowing the Company to work for them, the Customer
accepts the professional judgement of the Company where repairs,
parts, products, services and materials are concerned. Where judgement
is debated the Company will only accept the direction of a universally
recognised authority such as HSE or CORGI but not another
trader/company.
6.4 The customer
accepts that time involved in travel to obtain parts /materials to
complete work/repair is a chargeable at the basic hourly rate as
outline in the Company’s current price list
7. Warranty
7.1 The Company warrants that the Products and Materials will
at the time of delivery correspond to the description given to the
Customer by the Company in the estimate. All other warranties,
conditions or terms relating to fitness for purpose, quality or
condition of the Products and Materials as supplied by the original
manufacturer are excluded.
7.2
The Company warrants that the Services provided by them will be
effective for a term of no less than three months (for repairs).
7.3 Any other
service provided for example, installation of radiators, bathroom,
showers, taps, sinks, dishwashers and washing machine etc (excluding
Products which are covered by Manufacturers individual warranties) -
warranty for 12 months against faulty installation.
7.4 The company
cannot accept responsibility for any faults that may occur on the
drained down and re-pressurising or wear and tear of the customers
central heating system.
8. Title and Risk
8.1 Risk shall pass on delivery of the Products and Materials
to the Customer's address.
8.2 Notwithstanding the earlier passing of risk, title in the
Products and Materials shall remain with the Company and shall not
pass to the Customer until the amount due under the invoice for them
(including interest, carriage, VAT and costs) has been paid in full.
8.3 The Company may at any time before title passes and
without any liability to the Customer repossess and dismantle and use
or sell all or any of the Products and Materials and by doing so
terminate the Customers right to use, sell or otherwise deal in them
and for that purpose (or determining what if any Products and
Materials are held by the Customer and inspecting them) enter any
premises of or occupied by the Customer.
8.4 The Company may maintain an action for the price of any
Products and Materials notwithstanding that title in them has not
passed to the Customer.
9.Complaints
9.1 The Customer must make the Company aware of any faults or
discrepancies with any Services, Products or Materials supplied within
30 days of the Company's invoice date.
9.2 The Company will attend the Customer with regard to any
faults or discrepancies within 30 days from the date of the complaint
being made.
9.3 In event of
a complaint the Customer must allow the Company a reasonable time in
which to return to the Customer in order to rectify the problem. The
term 'reasonable time' will be deemed as being within 24 hours for
problems which may be deemed to cause a significant risk to Health and
Safety, up to 7 days for problems relating to the fundamental
operation of a Product or Materials and up to 30 days for cosmetic
defects.
9.4 The Customer will not employ any other tradesman/company
for the purpose of rectifying any fault associated with the Services,
Products or Materials as supplied by the Company without the express
permission of the Company.
9.5 No claim, invoice or demand for payment relating to work
by another tradesman/company for remedial work as detailed above will
be entertained by the Company unless the Company failed to attend the
Customer in the 'reasonable time' allowed as listed above or unless
authorised in writing before the work was commenced by the Company.
These terms do not affect your statutory rights.
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