General terms and conditions for Almond & Murtagh Plumbing and Heating Services Limited (“Agreement”)
1. In this Agreement, “You/ Your” means the customer for whom the works are to be carried out by the Company, and the “Company” means Almond and Murtagh Plumbing and Heating Services Limited. If You are uncertain as to Your rights under them or you want any explanation about them please e-mail us at email@example.com.
2. Acceptance Of Works
The Company reserves the right to refuse or decline any work at its own discretion. Where the Company agrees to undertake works for You, this will be done so by authorised representatives of the Company only.
Acceptance of works means there is an acceptance of this Agreement. Please contact us if You have any concerns.
NOTICE OF RIGHT TO CANCEL
Following acceptance of our quote, in accordance with this Agreement and in conjunction with the “Cancellation of Contracts made in a Consumers Home or Place of Work Regulations 2008” you are entitled to a 14 day cooling off period commencing from the date of the Agreement. You have a right to cancel the Agreement (and works) within this period (except, where works have commenced) and this right can be exercised by sending an e mail cancellation notice to firstname.lastname@example.org at any time within 14 days of Your acceptance of the works to take place. If You request cancellation after 14 days of acceptance, then unless we are in breach of contract the Company has the right to retain Your deposit or charge You for the cost of the works.
3. Call Out Fee & Charges
The Company charges a minimum 1 hour call out fee for all appointments, regardless of work carried out. This includes work quoted on an hourly rate, or fixed price work. If for any reason the Company is unable to carry out works during attendance, the minimum 1 hour call out fee would still be payable for our attendance, plus the cost of any additional labour time over the first hour, and parts/materials if used. The engineers may use their discretion in charging such.
All charges are subject to VAT at the prevailing rate.
4. Estimates And Fixed Price Work
Any estimate supplied by the Company is subject to withdrawal at any time before receipt of an unqualified acceptance from You, and shall be deemed withdrawn unless it has been accepted within 28 days from its date.
Unless otherwise specified, all estimates or quotations provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the Company and/or details supplied by You. The final price will be calculated based on the original estimate and may be increased above the estimated price at completion.
In addition, the Company reserves the right to increase the price prior to any works being carried out, equivalent to the increase of cost to the Company including additional materials, labour, equipment hire and transport since the date of the provided estimate (either done so in writing, email or orally), this will be agreed with You, where possible, before commencement.
The Company has quoted the cost of installing central heating and/or plumbing equipment that meets the requirements of your home. Once you have accepted this quotation in accordance with above, the Company undertakes to carry out all the works necessary to complete the work described in your specification and this quotation is subject to the conditions contained in this Agreement.
If you require a particular date for the works to be carried out, the Company shall do all that is reasonable to meet the dates given for the works.
Any variations or additions requested by you will be subject to an additional charge and if the Company is delayed or prevented from installing by the agreed date due to delay or default on your part, the Company may add to the charges at a reasonable sum in respect of any additional costs incurred.
You shall at your own expense obtain all necessary consents for the installation of the works, including (without installation) building regulations and planning consents, consents from neighbours and mortgages.
If you are a tenant, you may need your landlord’s permission for an installation to be carried out. The Company assumes such permission has been granted and shall have no liability for any loss, damage or such other costs arising from failure to obtain such permission.
The cost of removing asbestos is not included within the price. However, the company upon request of You will provide a cost for removing asbestos and will add this fee to the total quote.
In the event you partially cancel our service, without actual fault from the Company, once the work has begun You shall pay an equivalent sum of the day rates that this effects.
The Company will not accept liability where Your central heating system does not function properly because Your water supply becomes inadequate or the water pressure becomes invariable. The Company will use good industry practice to fix the problem.
The warranty for a boiler and/ or cylinder will be covered by the manufacturers warranty. The warranty does not apply to any existing parts of the system. All other works carried out by the Company (parts and labour) are guaranteed for 6 months. However, any existing components or pipework not changed are excluded within this guarantee. Furthermore, all boilers need to be serviced annually to remain under warranty. If You cannot demonstrate a yearly service for the boiler, then the warranty is void.
The Company will use its authorised employees or agents. All engineers are approved by the Company are qualified, Gas Safe registered and chosen carefully to carry out high standards of workmanship in accordance with good industry practice.
If You are to perform any of our service on any pipe, boiler or such other component then the warranty will be void.
7. Liability and indemnity
You shall indemnify the Company against any and all actions, claims, demands, suits, losses, costs, expenses and charges which the Company may suffer or incur in connection with a claim by a third party, resulting from a breach of Your obligations, undertakings and representations and warranties in connection with this Agreement.
The Company’s liability shall be limited to:
· the repair or making good of any defect it has responsibility for repairing
· liability for personal injury or death resulting from negligence in the course of carrying out the Companies duties
· the reasonable costs of repair or reinstatement of damage or any loss to Your property, should this result from the negligence of the Company or its employees, agents, franchisees or sub-contractors, and You incur such costs.
The Company will not hold any responsibility for any damage suffered to a part of any property where the damage is in whole or in part a consequence of a defect or weakness in that part of the property.
The Company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages. This includes but not limited to; the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc), internal and external walls where pipework is/has to be routed and other damages as a result.
If damage to plaster and brickwork is caused it will be Your responsibility to make good. We cannot accept responsibility for any damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry any guarantee.
It is the responsibility of You to protect items of furniture, furnishings, fixtures and fittings. We will make reasonable efforts not to cause damage. It is suggested that You remove items that is considered to be a problem. If items remain within the working area, it is the responsibility of You to cover such items.
The Company accepts no liability for the removal of any floors including, but not limited to, linoleum, tongue and grooved, parquet, hard wood or tiled floors in order to carry out the installation, except in circumstances where the Company has been negligent.
It is anticipated that certain areas in Your home may need redecoration/ replacement following completion of the central heating installation. This will be Your responsibility and is not included in the price.
The Company shall not have any liability for any failure to perform its obligations under any quotation if it is prevented from doing so by any cause reasonably beyond its control; including without limitation; adverse weather conditions, strike, fire, accident or war, a failure or delay attributable to any electricity, water or gas network, the act or omission of any party for whom the Company is not responsible.
The Company shall not be liable under this Agreement for any losses or damage caused by the Company or its employees or agents in circumstances where;
· There is no breach or legal duty of care owed to You by the Company or any of the Company’s employees or agents.
· Such loss of damage is not a reasonably foreseeable result of any such breach.
· Any increase in loss or damage resulting from breach by you of any term of this Agreement.
The Company does not exclude any liability for loss of or damage to property directly resulting from the Company’s breach of the agreement, nevertheless the Company’s liability for such loss or damage shall be limited to those losses which are of a foreseeable consequence of the breach in respect of any one incident or series of incidents whether related or unrelated in a 12 month period.
8. Your failure to pay
Title in the goods will not pass to You but shall be retained pending payment in full. Until such time as payment is made in full, the Company shall have an absolute authority to re-take, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them.
For the purposes specified above, the Company or any of their agents or authorised representatives shall be entitled at any reasonable time during normal working hours to enter without notice onto any premises where the goods or any part of the goods are installed, stored or kept or are reasonably believed to be.
For all projects where payment is via instalments, payment MUST be paid with 7 days of each stage completion. Failure to do so may mean that the Company commences legal proceedings.
In the event of any alleged defects You shall notify the Company immediately and provide the Company reasonable time to repair the error, and You shall not be entitled to withhold more than 5% or £250 (whichever is greater) of the balance due. Once the Company has corrected the minor defect the withheld amount, 5% or £250, must be paid in full within 7 days.
You will be sent an invoice for payment upon the completion of any work. Failure to make payment within specified time periods as outlined on the invoice documentation may result in charges at 8% above the base rate of the Bank of England, until such time as it is paid.
If You are delayed in paying and if You are a business then we shall issue all costs subject to The Late Payment of Commercial Debts (Interest) Act 1998.
If You shall dispute an invoice, You shall inform the Company via email at email@example.com immediately. Once the issue is resolved you will be subject to the first paragraph of clause 9, 7 days after.
Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.
The remedies provided in this agreement shall be exclusive of any other rights or remedies available to one party against the other, either at law or in equity; provided however such remedies shall not be exclusive as to any claim based on fraud.
This Agreement shall be governed and construed in accordance with the laws of England and Wales.
The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement).