Company Terms and Conditions
1. For the purpose of these terms & conditions the following words shall have the following meanings: (a) “The Company” shall mean Absolute Plumbing Heating and Solar Ltd. (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 the Company at its absolute discretion.
3. HOURLY RATE WORK. There is a minimum charge of one hour on all jobs. Thereafter labour is charged in half hour increments. Our office will provide a written estimate if required before work commences. 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 + 25%) and 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. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated. Once a job is confirmed it is the person with appropriate authority who has booked the works’ responsibility to ensure that access is provided to our engineer at the agreed time. If an engineer attends site and access cannot be gained our hourly labour charge will apply. Our maximum waiting time for access to be granted is 10 minutes.
4. FIXED PRICE WORK shall be given subject to reasonable adjustment. Whilst Absolute Plumbing Heating and Solar Ltd will use reasonable endeavors to keep the customer updated on any significant changes to cost, the Company will not be held liable for any difference in the estimate and the final price. Please note that all estimates are based on standard working hours of Monday – Friday 8.00am – 5.00pm – unless otherwise stated. Works required outside of these times would incur additional labour charges in line with our current pricing structure.
5. The Company shall not be under any obligation to provide an estimate to the Customer and shall only be bound (subject as hereinafter) by estimates given in writing to the Customer on Company letterheaded paper. The Company shall not be bound by any estimates given orally.
6. GAS SAFETY CERTIFICATES The Company shall charge for Gas Safety Certificates regardless of the outcome (pass or fail) and whether a physical certificate is provided. This charge is for the attendance and technical expertise in making the assessment of the safety of the appliances.
7. Material Collection. Collection of materials is chargeable but: (a) Time must be kept to a minimum & reasonable. (b) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances.
8. Invoices are due for payment 14 days following delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the Barclays Bank base rate until payment is received in full by the Company. Payment by BACs or cheque is accepted.
9. Where the date and/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use reasonable endeavors to ensure that the operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non attendance or late attendance on site of the Operative or for the late or non delivery of materials.
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 and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) and receiving a written estimate) the name of the third party appears on the written estimate.
11. If the Customer cancels their instructions less than 48 hours prior to any work being carried out or materials supplied then the Customer shall be liable for any related expenditure 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.
12. If at any point prior to or during agreed works factors arise which pose a health and safety risk to one of our Operatives, the Company reserves the right to withdraw services without notice. The Customer will be liable for payment in full for such works and/or labour and materials already carried out/expended on the job.
13. 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 and 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.
14. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null and 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 and will accept no liability for any consequential damage or fault.
15. Upon Boiler installation/replacement – a drop in system pressure may be experienced in days, weeks or months following installation. If this occurs, we cannot be held responsible for any drop in pressure due to the existing system. Our warranty covers boiler installation only unless otherwise stated. Any call out made for drop in pressure would be chargeable if found not related to boiler installation.
16. The Company will not guarantee any work in respect of blockages in waste & drainage systems etc.
17. Work is guaranteed only in respect of work directly undertaken by the Company and once 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.
18. 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 in writing from the office of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of Gas Safe inspection.
19. 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 and the Company accepts no liability in respect of the effectiveness of such works or otherwise.
20. These Terms and Conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these Terms and conditions shall prevail over any Terms and 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 and Conditions.
21. 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 and 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 and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
22. 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 and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
23. The Company shall only be liable for rectifying works completed by the Company and 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.
24. These Terms and Conditions and all contracts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.