TERMS & CONDITIONS
Terms and Conditions: 1. For the purpose of these terms & conditions the following words shall have the following meanings: (a) “The Company” shall mean Christy Plumbing & Heating Limited. (b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials. The “Operative” or “Engineer” shall mean the representative appointed by the Company. 2. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated operative of Company at its absolute discretion. 3. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials + 20%+VAT ) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates +VAT . A minimum of one hour will be charged on all jobs, thereafter work is charged in 30minute increments. The Customer shall only be charged for the time spent related to the Customer’s work, all other time, personal mobile calls etc. is non-chargeable. VAT is charged at the prevailing rate except in cases where the work carried out is zero rated. 4. FIXED PRICE WORK. Fixed price work shall be given as an estimate, (manifest errors exempted) including labour & materials. VAT is charged at the prevailing rate except in cases where the work carried out is zero rated. 5. ESTIMATES. Estimates are valid for seven days from the date of the estimate. The estimate is for carrying out the scope of works described in the estimate. Unsighted exceptions excluded. The Customer shall be liable for the condition/status of the property including existing pipework, services, appliances, sanitaryware, brassware; as well as heating , hot water , electrical and air-conditioning , waste and drainage systems and is responsible for disclosing any existing issues, faults or defects which may affect any surveys, estimates or works. The Customer is also liable for the status of any health and safety obstructions, obstacles, hazard or similar including asbestos, lead paint, and glazing. The Customer must ensure the description of the scope of works is satisfactory before placing the order. The Customer must clearly identify positions/sites for equipment/appliances for example boilers, flues, pipework, radiators , sanitaryware etc – if the customer does not identify positions/siting then Christy Plumbing & Heating Ltd will install and position items using its judgement, and if the customer is not satisfied with the position/siting the Customer is liable to pay for the initial works and subsequent changes. 6. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may be revised in the following circumstances: — (i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate. (ii) if after submission of the estimate there is an increase in the price of materials or VAT. (iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared. (iv) if after submission delays are caused by the Customer, or third parties or other contractors and further visits are consequentially required. (v) if after submission, problems arise or additional works are required from unsighted exceptions. (v) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared. 7. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates given orally or in which manifest errors occur. 8. MATERIAL COLLECTION. Collection of non-stock items is chargeable but: (a) Time must be kept to a minimum & reasonable. (b) The Customer must be informed wherever possible when the operative leaves the premises. (c) If the collection time is likely to exceed 60 minutes the Customer must be additionally informed of the circumstances. (d) The collection of materials which should be normally stocked items is non-chargeable. 9. INVOICES. Invoices are due for payment within seven days of the date of the invoice. Any part of that invoice which remains unpaid shall carry interest as defined in the County Court Act until payment in full is received by the Company. Non-payment of the invoice or any part of the invoice may result in mediation and/or legal action. For works over £500.00, 30% will be required with the order, and the balance on completion of works. The Company will not disclose material or base costs unless by prior agreement. 10. The Customer shall accept sole liability to discharge the Company's account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate, the name of the third party appears on the written estimate.
11. SCHEDULING WORKS. Where possible the Company will try to carry out emergency works in one visit however the Customer should not expect that the job will be completed in one visit, or on the same day because not all parts/materials may be available and return visits may be required. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use its best endeavours to ensure that the Operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the Operative/Engineer or for the late or non-delivery of materials or the delivery of defective materials. Unless the Company and the Customer agree on a date for works to be completed in writing, the Company cannot be held to any deadlines for completion.
12. The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control & the Company shall be entitled to a reasonable extension of the time for performing such obligations. 13. CANCELLATION. You have the right to cancel within 14 days of entering into a contract for the Company to carry out works. The cancellation period begins when the contract is entered into and ends at the end of the 14 days after the day on which the contract is entered into. If the works commence during this cancellation period, then the Customer shall be liable for any related expenditure up to the date of cancellation, together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions. If the service has been fully completed during the cancellation period you will have lost your right to cancel. After the period of 14 days following the entering of the contract, if the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure up to the date of cancellation, together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions. Cancellations must be made in writing and the Company will accept cancellations by letter, personal visit (to deliver a notice or letter) or email. If sending the notice by post the Customer is advised to send it by recorded delivery and have proof of posting. The Customer may use the model cancellation form but it is not obligatory. Emergency or Same-Day Attendance Cancellations—Failure of the Customer to notify the Company that they wish to cancel the attendance/works/ will result in a charge equal to the Company’s first hour rate plus VAT, together with the cost of materials supplied in accordance with such instructions. Cancellations must be made in writing and the Company will accept cancellations by letter, text, personal visit (to deliver a notice or letter) or email. Notice of cancellation is required within 2 hours from the attendance request. On arrival, the first hour charge fee will apply regardless of whether the Company is still required. 14. SATISFACTION. The Customer shall inspect the work as far as is reasonably possible immediately after completion and shall within seven days give written notice to the Company in detail of any grounds on which he/she alleges that the work is not in accordance with the estimate. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out. 15. GUARANTEES. The Company guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion. Materials supplied by Christy Plumbing & Heating Ltd will be covered by manufacturers' warranties. Some work/repairs that has been carried out may not be able to be guaranteed, and will be marked on the invoice. The Company guarantee will become null & void if the work/appliance completed/supplied by the Company is: (a) Subject to misuse or negligence. (b) 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. 16. The Company will not guarantee any work in respect of blockages in waste & drainage systems etc. 17. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time. The Company will not guarantee any work undertaken on instruction from the Customer & against the written or verbal advice of the Operative/Engineer. 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 Customer has been notified by the Operative either verbally or indicated in ticked boxes or in comments/ recommendations of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued. 18. 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. Connections to existing pipework, services, fittings, water tank systems, sanitaryware, brassware, sinks, and existing flue or condense installations are made at the customer’s risk. The Company will accept no liability for, or guarantee suitability; existing services , appliances or equipment supplied by the Customer & will accept no liability for any consequential damage or fault.19. MATERIALS SUPPLIED BY THE CUSTOMER. The Company will accept no liability for, or guarantee suitability of , materials supplied by the Customer & will accept no liability for any consequential damage or fault. All materials and fittings supplied by the Customer must have been checked by the Customer in advance of the commencement of works, and must be on site at the commencement of works. 20. The Company shall be entitled to fully recover costs or damages from any Operative/Engineer/Contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work. 21. 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 & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contract with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions. 22. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company. Until such time as title in the such goods has passed to the Customer: (i) the Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Company, (ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be. (iii) the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such insurance. 23. COMPLAINTS PROCEDURE. All Customer complaints will need to be made in writing and the Company will aim to acknowledge the complaint within 5 working days and actively seek to resolve complaints within 28 days although some complaints because of their complexity may take longer. All complaint outcomes will be recorded and monitored. These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.
Christy Plumbing & Heating Ltd. 199 High Street. Clapham. Bedford. MK41 6AJ. Telephone: 01234 325620.
Email: firstname.lastname@example.orgRegistered address: Cheribourne House. 45a Station Road, Willington. Bedfordshire. MK44 3QL. Registered in England No: 7172135. VAT No: 905318245.
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