LocalPlumber-uk Terms and Conditions
- 1.1 Agreement - these terms and conditions and the front sheet agreed between the parties setting out the identity of the Customer and Local Plumber-uk limited, the Specification of Goods and Services and the Price.
- 1.2 Price - the price agreed between the parties for the Goods and Services.
- 1.3 Customer - the person, firm or company with whom Local Plumber-uk limited contracts.
- 1.4 Goods - the goods set out in the specification.
- 1.5 Guarantee Period - the period of 12 Months from the date of installation of Goods and/or completion of Services.
- 1.6 Services - the services set out in the Specification.
- 1.7 Specification - the specification of the Goods and the Services to be provided under the Agreement set out in writing and agreed by both parties.
2. Basis of the Agreement
- 2.1 Local Plumber-uk limited agrees to supply the Goods and to provide the Services to the Customer and the Customer agrees to pay the Price in accordance with the terms of the Agreement.
- 2.2 These terms and conditions shall apply to the exclusion of all other terms and conditions. In the case of any conflict or ambiguity between any specification or instructions supplied by the Customer and the Specification set out on this document, the latter shall prevail once agreed by both parties.
- 2.3 Acceptance of delivery or installation of the Goods or provision of the Services shall be deemed conclusive evidence of the Customer's acceptance of the Agreement.
- 2.4 Local Plumber-uk limited may employ sub-contractors to carry out any part of its obligations under the Agreement at its sale discretion and it may assign its rights and obligations under this Agreement to any other party. The Customer may not assign its rights and obligations under this Agreement without the written consent.
- 2.5 Any variation of these terms and conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by a Director of Local Plumber-uk limited
3. Customer's Responsibilities
- 3.1 The Customer will provide Local Plumber-uk limited (at the Customer's cost) with such information and material and such access to services and facilities at the Customer's premises as Local Plumber-uk limited may reasonably need to perform the Agreement including access to mains electricity, water and other services. The Customer will pay such costs as Local Plumber-uk limited may reasonably incur in the event of breach of this clause.
- 3.2 The Customer will notify Local Plumber-uk limited in advance of any defect in the gas, electricity, plumbing and water systems in the Customer's premises which are known to him.
- 3.3 The Customer will obtain all necessary licences or authorities which may be needed in connection with the Goods and the Services.
- 3.4 Following completion of installation, the Customer shall follow any instructions of Local Plumber-uk limited as to use and maintenance of the Goods.
- 3.5 The Customer warrants that he owns the premises at which the Services will take place and is entitled to commission the Services without the consent of any third party under any lease, agreement or other restriction or otherwise, including without limitation any landlord.
4. Payment Provisions
- 4.1 The Price will comprise:
- 4.1.1 A labour based on a rate chargeable for both full and part completed man hours (unless otherwise agreed in writing) providing the Services;
- 4.1.2 A materials charge for Goods used or fitted:
- 4.1.3 Such other charges as are provided by this Agreement.
- 4.2 No quotation provided by Local Plumber-uk limited in advance shall be binding unless in writing headed "quotation". Any written quotation submitted by Local Plumber-uk limited shall be subject to these terms and conditions unless otherwise stated and shall be valid for 28 days and may be revoked at any time.
- 4.3 Save as stated in clause 4.2, any cost guidance given by Local Plumber-uk limited in advance shall comprise an estimate only and shall not bind Local Plumber-uk Limited to any particular level of charges.
- 4.4 Local Plumber-uk limited may apply its hourly labour charge to travelling time where further Goods are required during the performance of the Services, limited to not more than 1 hour.
- 4.5 Local Plumber-uk limited hourly labour charge will be applied from the point of attendance at the Customer's premises. It applies to diagnosis of faults as well as provision of the Services and even if the Customer does not proceed with instructing Local Plumber-uk limited to provide any Services after diagnosis. No labour charge will be made in the following circumstances;-
- 4.5.1 If Local Plumber-uk limited attends the Customer's premises but the Customer is unwilling to agree the terms of this Agreement:
- 4.6 Local Plumber-uk limited may require part of the Price in advance by way of deposit, for example if the costs of Goods required is likely to be significant.
- 4.7 Local Plumber-uk limited reserves the right by giving notice to the Customer at any time before completion of its performance of the Agreement to increase the Price if;-
- 4.7.1 The costs to Local Plumber-uk limited of providing any Services or Goods increase due to any factor beyond the control of Local Plumber-uk limited;
- 4.7.2 The Customer changes the Specification;
- 4.7.3 The Customer agrees to any change to the Specification proposed by Local Plumber-uk limited;
- 4.7.4 The Customer causes any delay not beyond their control;
- 4.7.5 Goods or Services are required by the Customer with exceptional urgency and where this increases the cost to the company;
- 4.7.6 The Customer fails to give Local Plumber-uk Limited adequate or accurate information, instructions or facilities.
- 4.8 The Price includes VAT or any similar sales tax which will be paid by the Customer. The sales invoice is broken down showing the VAT for Local Plumber-uk limited own records and for companies who is VAT Registered.
- 4.9 Unless alternative payment provisions are agreed, Local Plumber-uk limited will submit an invoice on completion of the works.
- 4.10 All sums due under the agreement will be paid by the Customer immediately on satisfactory completion of the works without any deduction set-off, counterclaim or abatement and time for payment shall be of the essence.
- 4.11 The Customer shall on completion of the works pay the Price in cleared funds or by a payment method which is guaranteed. If the Customer proffers a non-guaranteed payment method, Local Plumber-uk limited may add a 2% administration fee to the price. Local Plumber-uk limited then reserves the right to seek third party authorisation of the Customer's payment and to refuse to accept such payment method, at its entire discretion.
- 4.12 If the Customer fails to make any payment when it falls due, Local Plumber-uk limited may take any or all of the following steps;-
- 4.12.1 Charge the Customer interest (both before and after any judgement) on the amount unpaid at the rate of 15% until payment in full is made,
- 4.12.2 Charge the Customer for all reasonable costs and expenses (including legal costs and costs of any third party debt recovery service) incurred by Local Plumber-uk limited in the collection of any overdue amount:
- 4.12.3 refuse to deliver or install any balance of Goods or provide any further Services, or guarantee services under clause 6 hereof, whether under this Agreement or any other agreement or otherwise, until payment is made in full; and / or
- 4.13 Where payment is made by means of any cheque or other negotiable instrument, payment shall not be treated as having been made until such instrument has been honoured on presentation for payment.
5. Goods and Services
- 5.1 Any Goods supplied shall be at the Customer's risk as from delivery to, the Customer’s premises save for damage caused to such goods by any negligent act of Local Plumber-uk limited or any of its sub-contractors and the Customer will be responsible for insuring the Goods from the time risk passes.
- 5.2 The Goods shall be installed at and the Services shall be provided at the Customer's address recorded in this Agreement.
- 5.3 Local Plumber-uk limited may use new or re-conditioned Goods in its provision of the Services as it considers appropriate.
- 5.4 Local Plumber-uk limited makes no representation as to the precise timing of provision of any Goods or Services hereunder. Any timescales discussed or agreed will be treated as targets only and time will not be of the essence.
- 5.5 Local Plumber-uk limited shall not be responsible for delay caused by factors beyond its control, including failure of the Customer to comply with clause 3 and any action by the Customer.
- 5.6 In spite of delivery having been made, legal title in the Goods shall not pass from Local Plumber-uk limited to the Customer until the Price has been paid in full.
- 5.7 Local Plumber-uk limited shall be entitled to recover the Price or any proceeds of sale of the Goods by the Customer notwithstanding that title has not passed to the Customer.
- 5.8 Local Plumber-uk limited reserves the right to take photographs of the Customer's facilities which are relevant to this Agreement, both before and after the provision of any Services.
6. Acceptance, Defects and Guarantee
- 6.1 Under the supply of goods and services act any defects is the sole responsibility of the person providing the goods.
- 6.2 If there are any defects with goods or the service supplied by a third party or sub contactor the customer must notify Local Plumber-uk limited within a reasonable time period. If no such notification is received the Customer will be deemed to have accepted the Services and any Goods so provided, and will not then be entitled to reject them outright.
- 6.3 Customer will notify Local Plumber-uk limited in writing within a reasonable time period of discovery of any defects either in the Goods or the provision of the Service,
- 6.4 Local Plumber-uk limited will use its best endeavours to correct any defect arising under normal use and due solely to faulty design (except where supplied by or on behalf of the Customer), materials or workmanship, which is notified within a reasonable time of receiving such notification, and may at its discretion:-
- 6.4.1 Carry out such work or Services as are necessary to remedy the fault:
- 6.4.2 Take the Goods or any of them away from Customer’s premises to examine the Goods or carry out repair work;
- 6.4.3 Replace all or any part of the Goods:
- 6.4.4 Refund the Price or such part of it as relates to the defective Goods or Services.
- 6.5 Local Plumber-uk limited obligation under clause in Relegation to defective goods where there is a existents of a manufactures guarantee Local Plumber-uk limited Will Replace/repair as per the terms and conditions of guarantee whether as to the time during which Goods will be replaced / repaired or as to any other matter this does not affect your statutory rights.
- 6.6 The Customer's obligations at clause 3 shall apply in relation to the provision of guarantee services under this clause 6 as to the original provision of Goods and Services.
- 6.7 Local Plumber-uk limited may refuse to provide any guarantee services under this clause 6 or may invoice the Customer for the cost of any work or materials brought about by the Customer's notification of any defect where such defect is not attributable to any act or omission of Local Plumber-uk limited or any defect in the Goods, or is attributable to:-
- 6.7.1 misuse of the Goods by the Customer;
- 6.7.2 Failure to follow Local Plumber-uk limited advice as to use and maintenance of the Goods; or
- 6.7.3 any modification made to the Goods by the Customer or by third parties without the prior written consent of Local Plumber-uk limited.
- 7.1 Local Plumber-uk limited warrants that the Goods and the Services will comply with the Specification.
- 7.2 The Customer agrees to indemnify Local Plumber-uk limited against all costs and liabilities incurred by it due to any breach by the Customer of the terms of this Agreement.
8. Limitation of Liability
- 8.1 Local Plumber-uk limited accepts liability for death or injury caused by the negligence of Local Plumber-uk limited or that of its employees, agents or sub contractors in the course of their engagement under this Agreement, and liability which cannot be excluded under the Consumer Protection Act 1987 Part 1 or otherwise, without limit.
- 8.3 Local Plumber-uk limited shall not be liable for any change to the Specification of the Goods if the variation does not materially affect the characteristics of the Goods, and the substituted materials (if any) are of comparable quality to the originals.
- 8.4 Local Plumber-uk limited does not provide qualified telephone advice, and does not accept liability for advice which the Customer may claim to have received by telephone.
- 9.1 Local Plumber-uk limited may terminate this Agreement or suspend its performance with immediate effect on written notice if;-
- 9.1.1 The Customer becomes bankrupt, a bankruptcy petition is entered or the Customer makes any arrangement with his creditors generally;
- 9.1.2 The Customer commits a material breach of this Agreement;
- 9.1.3 The Customer refuses to take delivery of the Goods or any part of them or to permit Local Plumber-uk limited to provide the Services on such date as is arranged;
- 9.1.4 The Customer defaults in paying the Price or any part of it.
- 9.2 Local Plumber-uk limited may terminate this Agreement at its discretion at any time by giving 7 days notice in writing to the Customer.
- 9.3 This contract is subject to a 14 day cooling off period, commencing the day after signing. During this time you may cancel the agreement in accordance set out at the front of this agreement.
- 9.4 all monies then outstanding including any additional charges to the total value of Goods delivered and Services performed up to the point of termination, the Price for which shall then become payable immediately;
- .4.1 The cost of the Goods ordered for the purposes of the Agreement for which Local Plumber-uk limited has paid or is legally bound to pay. Local Plumber-uk limited may at its discretion retain or take back part or all of the Goods in lieu of the payment attributable to such material;
- 9.4.2 The cost of removal from the Customer's premises of any property of Local Plumber-uk limited.
- 9.4.3 Termination of this Agreement shall not affect any rights of the parties accrued to them up to the date of termination.
- 10.1 Neither party shall be liable for any delay in performing or failing to perform any of its obligations under this Agreement due to any force majeure event including any act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.
- 10.2 All notices to be given under this Agreement shall be in writing and shall he sent to the address of the party concerned stated in this Agreement by first class post or by hand.
- 10.3 No delay or failure by Local Plumber-uk limited to exercise any of its powers, rights or remedies under this Agreement will operate as a waiver of them and any waiver, to be effective, must be in writing.
- 10.4 If any part of this Agreement, including for the avoidance of doubt limitation clauses 8.1 to 8.5 and its sub-clauses, is found by a court or other competent authority to be invalid, unlawful or unenforceable then such part will he severed from the remainder of this Agreement which will continue to be valid and enforceable to the fullest extent permitted by law.
- 10.5 This Agreement is the complete and exclusive statement of the agreement between the parties relating to its subject matter and supersedes all previous communications, representations and other arrangements, written or oral. This clause and any guarantee contained in this Agreement do not affect the statutory rights of the Customer as a consumer.
- 10.6 Local Plumber-uk limited shall be entitled to set-off against any monies payable to it by the Customer under this Agreement, any monies which may be payable by it to the Customer, whether under this Agreement or otherwise. The Customer shall not be entitled to any right of set-off.
- 10.7 This Agreement will be construed in accordance with and governed by the law of England and Wales and each party agrees to submit to the jurisdiction of the courts of England and Wales.
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