Terms and Conditions
- 1.1 "Customer" means the person who buys or agrees to buy the service from the Supplier.
- 1.2 "Conditions" means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Supplier.
- 1.3 "Parts" means any articles, which the Supplier supplies, to the Customer in the course of providing the services.
- 1.4 "Services" means the services (which are more particularly set out in the job sheet attached to these conditions), which the Customer agrees to purchase from the Supplier.
- 1.5 "Price" means the price for the works excluding VAT (and parts)
- 1.6 "Suppliers" London Plumbers, Project House,Cradock Road, Luton, LU4 0JF
- 1.7 "Equipment" means the equipment or item repaired, inspected, replaced or removed by the Suppliers in the course of provision of the service.
- 2.1 These conditions shall apply to all contracts for the supply of services and sales of goods by the Supplier to the Customer to the exclusion of all other terms and conditions including any terms or conditions, which the Customer may purport to apply under any purchase order confirmation or other similar document.
- 2.2 All orders for service shall be deemed to be an offer by the Customer to purchase the service pursuant to these Conditions.
- 2.3 The Customer's signature on the job sheet attached hereto shall be deemed conclusive evidence of Customer's acceptance of these Conditions and acknowledgement of works being completed to their satisfaction.
- 2.4 Any variations of these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
- 2.5 The Supplier's agents are not authorised to make any representation concerning the parts or service supplied unless confirmed by the Supplier in writing. In entering into Contract the Customer acknowledges that it does not rely on and waives any claim for breach of any representations which are not so confirmed.
- 2.6 Any typographic, clerical or other error or ommission in sales literature, quotations, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.
- 2.7 Nothing in these Conditions shall affect the statutory rights of the Customer.
3. The Price and Payment
- 3.1 The price shall be set out on the job sheet or invoice submitted. The price is exclusive of VAT which shall be due immediately upon the date of the Provision of the services.
- 3.2 Unless otherwise agreed in writing, payment of the price and VAT shall be due immediately upon the Customer signing the attached job sheet to confirm completion of the engineer's work. Time for payment shall be of the essence.
- 3.3 Interest on overdue accounts shall accrue from the date when the payment becomes due, from day to day until the date of the payment at the rate of 6% above Lloyds TSB Bank Plc. Base Rate from time to time in force and shall accrue at such a rate after as well as before any judgement together with administration fee as stated on the job sheet.
- 3.4 The Customer shall not be entitled to withhold payment of the price and VAT or any part thereof by reason of any claim or alleged claim against the Supplier whether breach of this Agreement or otherwise.
- 3.5 Payments made by Credit Card are subject to "Different Pricing," at current rates, to reflect the charge borne by the Supplier for accepting this form of payment.
4. The Services
- 4.1 The description of the services and parts (if any) to be supplied shall be set out in the Job Sheet.
5. Warranty and Liability
- 5.1 Subject to the limitations upon its liability set out below the Supplier warrants to the Customer that:
- 5.1.1 The Supplier's liability in respect of works carried out and/or materials supplied under any
conditions, warranties or other terms whether expressed or implied by statute or
otherwise shall be subject to the following:
Where a written guarantee or warranty is given by the Supplier the Supplier's liability shall be limited to the terms of such guarantee or warranty;and shall in any event be limited to the contract price.
- 5.1.2 The Customer shall give notice to the Supplier as soon as it is reasonably able upon becoming aware of the breach of the warranty.
- 5.1.3 The Supplier shall as soon as it is reasonably possible, investigate any alleged breach of warranty and in the case of any breach of warranty, shall remedy the same free of charge by carrying out further repairs, modifications or alterations to the Equipment as may be necessary or in its absolute discretion the Supplier may refund to the Customer the price, provided that in such circumstances the Supplier shall be discharged in full from all its obligations under the terms of this agreement.
- 5.1.4 Except in the case of an emergency, which in the reasonable opinion of the Supplier requires immediate action, the obligations of the Supplier to remedy the breach of warranty shall be discharged between the hours of 09.00am to 5.00pm Monday to Friday (Bank and other public holidays excepted).
- 5.1.5 The Supplier shall have no liability to remedy a breach of warranty where such breach arises as a result of any of the following circumstances:
- (a) the improper use or neglect whether accidental, malicious or otherwise of the Equipment.
- (b) the alteration, modification or adjustment of the Equipment by any person other than the supplier's agents.
- (c) the failure by the Customer to implement recommendations in respect of Equipment.
- (d) any repair, adjustment, alteration or modification of the Equipment by any person other than the Supplier's authorised agents.
- (e) any breach by a Customer of any obligations under this agreement.
- (f) the improper or inadequate maintenance by the Customer of the Equipment.
- 5.1.6 Subject to the foregoing, with the exception of conditions and warranties implied by statute, all conditions, warranties and undertakings express or otherwise in respect of the service are hereby excluded.
6. Limitation of Liability
- 6.1 The following provisions set out the Supplier's entire liability (including Liability for any acts or omissions of its agents and sub contractors) to the Customer in respect of:
- (a) any breach of its contractual obligations arising out of this agreement and
- (b) any representation, statement or tortuous act or ommission including negligence arising under or in connection with this Agreement and the Customer's attention is particular to the provision of this clause.
- 6.2 Any act or omission on the part of the Supplier or its agents or sub contractors falling within sub clause 6.1 above shall, for the purposes of this clause, be known as "an event of default."
- 6.3 The Suppliers liability to the Customer for death or injury resulting from its own or its sub contractors negligence and/or damage suffered by the Customer as a result of the implied statutory undertakings, shall be limited to damages of an amount equal to £2,000,000.00
- 6.4 In the case of any other event of default the Supplier's entire liability shall be limited to the price.
- 7.1 The Customer acknowledges that the parts supplied to it in the provision of the services are not manufactured by the Supplier and in the case of any defect arising to any of the parts the Customer agrees that in consideration for the Supplier using its reasonable endeavours to obtain a replacement part or parts, the Customer will not make any claims against the Supplier in respect of any defective parts.
8. Title and Risk
- 8.1 The parts installed as part of the service supplied shall be at the Customer's risk as from installation.
- 8.2 In spite of installation having been made, property in the parts shall not pass from the Suppliers until the Customer shall have obtained the price plus VAT in full and no other sums whatsoever shall be due from the Customer to the Supplier and the Customer agrees that prior to the payment of the price and the VAT the Customers will hold the parts upon trust for the Suppliers who may enter the Customer's premises and remove them at any reasonable time.
9. Force Majeure
- 9.1 The Supplier shall not be liable for any breach of its obligations hereunder resulting from cause beyond its reasonable control including but not limited to, fire strikes, insurrectional riots, embargoes, container shortages, wrecks or delays in transportation, inability to obtain supplies and raw materials, requirements or regulations of any civil or military authority.
- 10.1The waiver by the Supplier of any breach or default of any of these terms and conditions by the Customer shall not be construed as a waiver of any succeeding breach of the same .
- 11.1 Any notice request, instruction or other document to be given hereunder shall be delivered or sent by first class post to the address of the other party set out in this Agreement (or such other address as may have been notified) and any such notice or other document shall be deemed to have been served at the time of delivery (if sent by post) upon the expiration of forty eight hours after posting.
12. Invalidity and Severability
- 12.1 If any provision in this Agreement shall be found by any Court or body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the provision of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
- 13.1 This Agreement shall be governed by and construed in accordance with English law and the parties hereto agree to submit to the non-exclusive jurisdiction of the English Courts.
14. Joint and Several Liability
- 14.1 If the Customer consists of more than one per person, all liabilities and obligations shall be joint and several.
- 15.1 In this Agreement the masculine shall include the feminine and vice versa and references in the singular shall be deemed references to the plural and vice versa.
- 16.1 All quotations are made and orders accepted by the supplier subject to these terms and conditions.
- 16.2 All quotations by the Supplier are by way of invitation only and may be withdrawn without notice and the Supplier shall not be bound until it has dispatched a written acceptance of order to the Customer.
- 16.3 All prices are based on the cost to the Supplier of goods and materials, labour, transport and other costs ruling at the date when such prices were quoted. In the event of any such costs to the Supplier being increased directly or indirectly prior to completion of the works, the Supplier reserves the right to charge all such increases as an addition to the contract price.
- 16.4 Unless otherwise stated, all prices are exclusive of Value Added Tax.
- 16.5 The Supplier reserves the right to request interim payments on account to the value of work and/or materials employed or delivered.
17. Planned Works
- 17.1 Any commencement or completion dates given by the Supplier at any time are given in good faith but time is not of the essence of the contract and the Supplier shall not be liable for any loss, damage or expenses suffered by the Customer or any other party, arising directly or indirectly from the Supplier's failure to comply with such dates.
- 17.2 If any given completion date is delayed for any reason beyond the Supplier's control (including but not limited to inclement weather, accidents, loss or damage of any kind, strikes, lock-outs, cessation of labour affecting any trade engaged upon the works or the inability of the Supplier to secure labour and/or materials) a fair and reasonable extension of time for completing the works shall be granted to the Supplier and the Customer shall be responsible for any increased cost resulting from the same under Condition 4 above.
- 17.3 If for any reason the Supplier is unable to complete the works, the Supplier's liability will not exceed the value of the uncompleted part of the works and the Customer will remain liable to pay for the value of the completed part.
- 17.4 Materials and equipment delivered to the Customer''s site for use will remain the Supplier's property until applied or fixed to the Customer's premises according to the contract or in the case of materials and equipment,which may remain unfixed until the Supplier has received payment in full. Until such fixing or payment, the Supplier is responsible for the security, protection and safe keeping of such materials and equipment howsoever arising.
- 17.5 Where applicable, the Customer is responsible for the accuracy of any drawings, designs and/or specifications submitted to the Supplier by or on behalf of the Customer and the Customer will indemnify the supplier and keep it indemnified against costs, claims, liabilities or damage.
- 17.6 The Customer will obtain all requisite building, planning and other statutory and bylaw consents and licences required in respect of the works and will indemnify the Supplier to keep it indemnified in respect of any failure to do so.
- 18.1 Cancellation of a Customer's order will be accepted only at the Supplier's discretion and the Supplier reserves the right in such an event to charge for all costs incurred prior to and/or resulting from such cancellation in addition to such other remedies as it may have.
I would like to express my thanks for the professional way in which your company resolved my boiler problem from the initial booking of the appointment, to the resolution of the issuePaula Napier - Domestic Customer