1. For the purpose of these terms and conditions the following words shall have the following meanings: a) “Us/we” shall mean Wells Spa Plumbing & Heating Limited b) “You” shall mean you: the customer or client (the person or organisation for whom we agree to carry out works and/or supply or materials) c) “Our representative” shall be the person we send to you to do work d) By asking us to attend a property you are accepting our terms and conditions
2. Collecting material for a job We try to minimise collection of materials by carrying everyday stock items. If we do need to collect materials we will always try to keep the time to a minimum. If the time is likely to be more than 45 minutes you will be informed before our representative leaves the job.
3. Quotations/Estimates Estimates will include labour and materials, excluding VAT. The price will be fixed but manifest errors shall be exempted. Estimates may need to be revised if you change the scope of the work, if there is an increase in the price of materials, or if further works are deemed necessary. If it is impossible for us to do the work for the agreed estimated price, we will provide a free estimate for the additional work so that you can choose to use us or not. If you decline, there will be no charges payable by you.
4. Invoices/Payment For jobs totalling £1,500 or more, a 25% deposit will be required to be paid 2 weeks before the work is due to commence. If the deposit is not received, the job will be delayed. All deposits are non-refundable. Upon completion of the job, we will send you our invoice for the final amount due. You have 7 days to pay the final invoice + VAT and failure to do so will result in interest being accrued at the rate of 8% plus the Bank of England’s base rate for business to business transactions. This will apply to any amount overdue from the date payment fell due until the date payment is made in full. There is an administration charge of £25.00+VAT for the late payment of any invoice. Late payment means more than 7 days after the date of the invoice.
5. Cancellation We require at least 24 hours’ notice of a cancelled appointment. If this is not given, a charge will be made to the client, depending on the length of time allocated for the work. If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us. If a deposit has been paid, this is non-refundable.
6. Time Keeping We will make every effort to attend each job at the time and date agreed with you. However, we cannot accept any liability for either arriving late or not at all, or for the late delivery or failure to supply materials.
7. Guarantee We have a twelve-month guarantee period of our labour. If you are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that: 7a) If you do not contact us within 12 months we shall have no liability. 7b) Our insurers may inspect any works carried out by us. 7c) If we have not received payment within one month, then you void all guarantees. 7d) As per manufacturer’s instructions, if you don’t get your boiler serviced every year, your boiler guarantee will be void. 7e) We only guarantee our work, not the parts supplied. We try very hard to supply top quality parts. This guarantee does not affect your statutory rights.
8. Things we cannot cover We are unable to guarantee our work, or any parts and equipment supplied to you: 8a) If parts or equipment are misused, treated negligently or if our work is modified or tampered with by anyone other than us. 8b) Where we carry out works on your behalf, using materials that you have supplied, we’re not able to establish provenance, quality, fitness for purpose or otherwise of these materials, so we cannot stand by their suitability, efficacy or durability. 8c) Work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out and this is not done. 8d) (Because of its nature) any work to unblock waste or drainage pipes. Nor can we guarantee further damage or defects caused by work that is not fully guaranteed or where recommended further work has not been carried out. 8e) Work on existing installations that are either inferior or more than 10 years old, nor can we guarantee the effectiveness or otherwise of our work in these cases.
9. Liability We will only be liable for rectifying our own work and shall not be held responsible for any ensuing damage or claims resulting from this or other work overlooked or subsequently requested and undertaken at that time. We shall not be held liable for any delay, or consequences of any delay, in performing our obligations, if such a delay is due, to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
10. Service Visits Please be aware that when our representative conducts a service visit for an appliance (for example, a boiler) this is a series of prescribed tests, checks and adjustments to ensure that the appliance is set up correctly and working at optimum efficiency, as per the manufacturer’s specifications and requirements. We guarantee our work and that our representative will have conducted all the necessary steps to ensure the appliance is working to its optimum capacity at that time. In the course of this work, our representative may recommend further works or new parts, either to the appliance or associated installation, to reach this level. However, such a visit cannot establish the likelihood of a particular part failing in future; while there are certain indicators which our representative will be trained to look for, these signs may not have manifested at the time of the service. Therefore, subsequent appliance failure should not be attributed to a faulty service; we can make a chargeable visit to establish the cause and effect and repair your appliance and – should this be found to be due to a failure of our representative to carry out the service regimen correctly – this cost will be refunded.
11. We shall be entitled to recover the costs or damages from any person or contractor whose negligence or faulty workmanship makes us liable to pay for those damages or rectification of work.
12. We reserve the right to refuse or decline to undertake any work.
13. We reserve the right, at our absolute discretion, to choose who will represent us.
14. Title to Goods Goods supplied and delivered by us to you or your premises, shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value, and if asked you must produce evidence that they are properly insured.
15. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
16. These terms and conditions and all contracts awarded between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law