Terms & Conditions

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1.       Definitions

 

In this Agreement the following words have the following meanings:

“Agreement” means the agreement between the Customer and the Contractor as described in these terms of business and the Quote;

“Contractor” means the company G&R Plumbing & Heating Contractors Ltd who is to provide the Services to the Customer;

“Customer” means the client, person(s) who purchase the Services from the Contractor;

“Goods” means as described in the Quote and all incidental materials used for the carrying out of the Services;

“Normal Working Hours” means between the hours of 8am and 4.30pm, Monday to Friday and excluding Bank Holidays;

“Services” means the works as described in the Quote;

“Quote” means the verbal statement or documentation issued by G&R Plumbing & Heating Contractors Ltd that sets out the Services.

 

 

2.   Quote and Price

 

2.1    The price for the Services shall be detailed in the Quote and shall be exclusive of any value added tax.

 

2.2    The Quote may be accepted at any time within a period of 30 days from the date of Quote and, if not accepted within such a period, shall lapse. In the event of the Quote being accepted within such a period of 30 days, G&R Plumbing & Heating Contractors Ltd may:

2.2.1   by giving notice to the Customer at any time up to 7 days before delivery, increase the price of Goods to reflect any increase in the cost to G&R Plumbing & Heating Contractors Ltd which are due to factors that are beyond the reasonable control of G&R Plumbing & Heating Contractors Ltd which occurred after completing the Quote, in such an event the Customer may cancel the Agreement provided that he/she notifies G&R Plumbing & Heating Contractors Ltd in writing within 7 days of any such notice from G&R Plumbing & Heating Contractors Ltd;

2.2.2   make an extra charge in respect of any period of time during which he is unable to proceed with the work on account of delays which have arisen through no fault of his own; and

2.2.3   make a reasonable additional charge for any extra costs incurred where the Customer requires work to be done outside of Normal Working Hours.

 

2.3    Unless otherwise stated, the Quote does not cover any work by other trades. If work by other trades is specified within the Quote, G&R Plumbing & Heating Contractors Ltd reserves the right to nominate sub-contractors to affect the same at its discretion. Any disputes arising from such sub-contracted work will not be reason for withholding payment for other work included in the Quotation, including that affected by G&R Plumbing & Heating Contractors Ltd and/or their other sub-contractors.

 

 

 

2.4    The Quote is given and the Services undertaken by G&R Plumbing & Heating Contractors Ltd on the understanding that:

2.4.1   all necessary licenses, authorities or planning permissions, including the consent of the landlord are first obtained and any costs involved covered by the Customer;

2.4.2   unrestricted access to the premises will be given by the Customer to G&R Plumbing & Heating Contractors Ltd in order that the Services may be undertaken; and

2.4.3   G&R Plumbing & Heating Contractors Ltd have the use of all necessary facilities at the Customer’s in order that G&R Plumbing & Heating Contractors Ltd can undertake the Services.

2.4.4   any additional costs incurred by G&R Plumbing & Heating Contractors Ltd as a result of this clause not being strictly observed, may result in an additional charge.

 

2.5    Any defects or deficiencies found in an existing building or flues, or in an existing system requiring alteration for satisfactory completion of the Services, or to satisfy statutory requirements and not specifically referred to in the Quote, shall be the responsibility of the Customer. If the Customer arranges for any part or the whole of such work to be carried out by G&R Plumbing & Heating Contractors Ltd it shall be the subject of a separate Quote or be charged as an extra on a time and materials basis. G&R Plumbing & Heating Contractors Ltd reserves the right to refuse to undertake the Services.

 

2.6    The Customer undertakes to clear all the necessary areas as agreed with G&R Plumbing & Heating Contractors Ltd before they commence the Services, which for the avoidance of doubt, includes all furniture and all floor coverings. G&R Plumbing & Heating Contractors Ltd shall take every care during the work; however the Quote does not include any subsequent incidental re-decoration upon the proper execution of the Services.

 

 

3.   Payment Terms

 

3.1    Payment of the price and VAT for the Services is due within the time specified on each invoice from invoice date. G&R Plumbing & Heating Contractors Ltd will issue staged payments for larger contracts.

3.2    Any quoted or agreed payment terms can be changed if late payments occur.

3.3    Any customer account credit limit will be set at our discretion and be can be decreased if late payments occur.

3.4    Any invoice related disputes are to be raised upon receipt of invoice.

 

3.5    No payment shall be deemed to have been received until G&R Plumbing & Heating Contractors Ltd has received clear funds.

 

3.6    If any sum from the Customer to G&R Plumbing & Heating Contractors Ltd under the Agreement is not paid on or before the due date for payment, then G&R Plumbing & Heating Contractors Ltd shall be entitled to charge the Customer interest calculated on a daily basis on all overdue amounts until full payment is received.  Interest shall be charged at the rate of eight per cent (8%) per annum above the base lending rate of the Bank of England.  G & R Plumbing & Heating Contractors Ltd also reserves the right to charge a late payment fee of between; £40.00 to £100.00 per invoice, in line with:

The late payment of commercial debts (interest) act 1998

The late payment of commercial debts regulations 2002

 

3.7    If at any time a 3rd party are employed to collect an outstanding balance all fees associated with the recovery shall become payable by the customer.

 

 

4.   Services

 

4.1    G&R Plumbing & Heating Contractors Ltd shall make every endeavour to carry out the Services within the period stipulated, or if no period is stipulated within a reasonable time.

 

4.2    Due to changes in the design or modifications by the manufacturers of Goods or materials or through lack of availability, G&R Plumbing & Heating Contractors Ltd may not be able to supply the equipment originally specified in the Quote. In such event G&R Plumbing & Heating Contractors Ltd with the agreement of the Customer, shall supply a satisfactory and reasonable alternative and the price shall be adjusted accordingly.

 

4.3    Unless expressly otherwise stated, where drawings are submitted with the Quote they shall be for demonstration purposes only. They should not be relied upon by the Customer and they are not prepared to specifically show the type, precise position of construction or installation.

 

4.4    The Customer warrants that any specifications they give to G&R Plumbing & Heating Contractors Ltd for the completion of the Services or in relation to any Goods or material will be accurate and complete.

 

4.5    Any drawings or designs prepared by persons other than G&R Plumbing & Heating Contractors Ltd or any supplies and any extra work necessary caused by defects in such drawings or designs, shall be charged as an extra under Clause 2.3 on a time and materials basis or be the subject of a separate Quote.

 

 

5.   Title and Risk

 

5.1    Risk in any Goods or materials used to complete the Services shall pass to the Customer immediately upon the items being delivered to the Customer, for the avoidance of doubt, any necessary replacement Goods or materials will not be included in the Quote and the Customer will be charged for any replacement Goods or materials.

 

5.2    Full legal, beneficial and equitable title to and property in the Goods shall remain vested in G&R Plumbing & Heating Contractors Ltd (even though they have been delivered and risk has been passed to the Customer) until:

5.2.1   payment in full, in cash or cleared funds, for all the Goods have been received by G&R Plumbing & Heating ContractorsLtd; and

5.2.2   all other money payable by the Customer to G&R Plumbing & Heating Contractors Ltd on any other account or under the Agreement or any other agreement has been received by G&R Plumbing & Heating ContractorsLtd.

 

5.3    Until full legal, beneficial and equitable title to and property in the Goods passes to the Customer:

5.3.1   the Customer shall hold the Goods on a fiduciary basis as the G&R Plumbing & Heating Contractors Ltd bailee;

5.3.2   the Customer shall store the Goods at its premises in a proper manner in conditions which adequately protect and preserve the Goods and shall insure them without any charge to the Contractor; and

 

5.3.3   G&R Plumbing & Heating Contractors Ltd may at any time, on demand and without prior notice, require the Customer to deliver the Goods to G&R Plumbing & Heating Contractors Ltd and G&R Plumbing & Heating Contractors Ltd may repossess and resell the Goods, if any sum due to G&R Plumbing & Heating Contractors Ltd from the Customer under the Agreement, on any other account, or under any other agreement is not paid when due.

 

 

6.   Guarantees and Exclusions

 

6.1    Subject to Clause 6.3, G&R Plumbing & Heating Contractors Ltd guarantees that all Goods and materials supplied, if ordered by description and/or specification shall correspond to that description.

 

6.2    Subject to Clause 6.3, G&R Plumbing & Heating Contractors Ltd warrants that (and subject to the other provisions of these conditions) the Goods shall:

6.2.1   be of satisfactory quality within the meaning of the Sale of Goods Act 1979; and

6.2.2   be reasonably fit for purpose.

 

6.3    G&R Plumbing & Heating Contractors Ltd shall not be held in breach of this Agreement, and shall not be liable to the Customer for any loss or damage suffered or incurred by the Customer or any other third person as a result of:

6.3.1   any failure to provide the Services in accordance with this Agreement unless the Customer notifies G&R Plumbing & Heating Contractors Ltd in writing of such a claim (with detailed particulars of the circumstance giving rise thereto) within 12 months of such failure coming to the Customer’s notice; or

6.3.2   any failure to provide the Services in accordance with this Agreement as a result of any act or omission of the Customer, which for the avoidance of doubt, includes any inaccurate or incomplete specifications; or

6.3.3   any failure to provide the Services in accordance with this Agreement as a result of G&R Plumbing & Heating ContractorsLtd’s compliance with any instruction or direction given by the Customer if G&R Plumbing & Heating Contractors Ltd has informed the Customer before it complies therewith that, in its opinion, that instruction or direction will inhibit performance of the Services; or

6.3.4   the absence of any consent required to be obtained by the Customer; or

6.3.5   the incompetence of any consultant, professional adviser, contractors or person other than G&R Plumbing & Heating Contractors Ltd and its sub-contractors employed by the Customer to provide the Services at the Customer’s specific request; or

6.3.6   any defects arising because the Customer failed to follow G&R Plumbing & Heating ContractorsLtd’s and / or manufacturer’s oral or written instructions; or

6.3.7   G&R Plumbing & Heating Contractors Ltd has informed the Customer of any defects in the Goods or materials required to carry out the Services prior to them being used in the Services.

 

6.4    G&R Plumbing & Heating Contractors Ltd will use its reasonable endeavors to assign the benefit of any warranty it receives from its supplier to the Customer but subject to clauses 6.1 and 6.2, shall not be liable for any claim or claims for any damages whether direct, indirect, special or consequential or economic damage of loss arising from any breach of this Agreement or any defect in the Goods. Nothing in this agreement shall exclude liability of the Contractor for death or personal injury resulting from its negligence insofar as the same is prohibited by United Kingdom statute.

 

6.5    If the Customer establishes to G&R Plumbing & Heating ContractorsLtd’s reasonable satisfaction that, due to G&R Plumbing & Heating Contractors Ltd’s own act or omission, the Contractor has failed to perform the Services in accordance with this Agreement, then G&R Plumbing & Heating Contractors Ltd shall at its option remedy such breach:

6.5.1   by re-executing the relevant part of the Services free of charge up to the amount of the contract price received by G&R Plumbing & Heating Contractors Ltd for the provision of such Services (exclusive of any value added tax); or

6.5.2   by repaying or crediting the Customer that part of the contract price paid by the Customer to G&R Plumbing & Heating Contractors Ltd relating to the provision of the relevant part of the Services (exclusive of VAT).

 

6.6    The Customer must notify the Contractor in writing of any claims under Clause 6.5 within 12 months of the date when the relevant Services were performed.

 

 

7.   Termination

 

7.1    Either party may immediately terminate this Agreement without payment of compensation or other damages caused to the other party solely by such termination, by giving notice in writing to the other if any one or more of the following events happens:

7.1.1   the other party commits a material breach of any of its obligations under this Agreement which is incapable of remedy;

7.1.2   the other party fails to remedy, where it is capable of remedy, or persists in any breach of any of its obligations under this Agreement (save as to payment) after having been required in writing to remedy to desist from such breach within a period of 30 days; or

7.1.3   any sum payable under this Agreement is not paid within seven days of its due date for payment in accordance with this Agreement.

 

 

8.   Consequences of Termination

 

8.1    On the expiry or termination of this Agreement, G&R Plumbing & Heating Contractors Ltd shall submit its final invoice to the Customer, setting out the total amounts due to G&R Plumbing & Heating Contractors Ltd pursuant to this agreement.

 

 

9.   General

 

9.1    G&R Plumbing & Heating Contractors Ltd reserves the right to defer the commencement date of the Services, or to cancel the Agreement, or reduce the volume of the Goods or Services ordered by the Customer (without liability to the Customer), if it is prevented from or delayed in the carrying on of its business and its obligation under the Agreement due to circumstances beyond the reasonable control of G&R Plumbing & Heating Contractors Ltd.  Including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers, or inability or delay in obtaining supplies of adequate or suitable materials provided that, if the event of force majeure continues for a period in excess of 3 months, the Customer shall be entitled to give notice in writing to G&R Plumbing & Heating Contractors Ltd to terminate the agreement.

 

9.2    The Agreement sets out the entire agreement and understanding between the Customer and G&R Plumbing & Heating Contractors Ltd in connection with the provision of the Services and Goods and shall supersede and replace all documentation previously issued by G&R Plumbing & Heating Contractors Ltd purporting to set out its terms and conditions.

 

9.3    The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement. No other person who is not a party to this Agreement (including any employee, officer, agent, representative or subcontractor of either party) shall have the right (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise) to enforce any term of this Agreement which expressly or by implication confers a benefit on that person, without the express prior agreement in writing of the parties to which this Agreement refers.

 

9.4    If at any time one or more of the terms of the Agreement (or any sub-clause or paragraph or any part of one or more of these Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the Agreement and the validity/or enforceability of the remaining provision of the Agreement shall not in any way be affected or impaired as a result of that omission.

 

9.5    This Agreement and any dispute or claim arising out of or in connection with it shall be governed by, and construed in accordance with, the laws of England.

 

9.6    All disputes or claims arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts to which the parties irrevocably submit.