Terms & Conditions for Plumbing & Heating Services 2024
*These are the Terms and Conditions for Plumbing and Heating Services only. Please find the Terms of Service of the Plumbsafe UK store here.
April 2024
1. For the purpose of these terms and conditions the following words shall have the following meanings:
a) “The Company” shall mean PLUMBSAFE (UK) LTD b) “The Customer” shall mean the person, business or organisation for which the Company agrees to carry out work as instructed/requested by the customer and/or supply materials.
b) “The Operative or Engineer” shall mean the representative appointed by the Company.
2. The Company reserves the right to refuse or decline work at its’ own discretion. Where the Company agrees to carry out works for the customer, those works shall be undertaken by a designated operative of Plumbsafe (UK) Ltd at its’ absolute discretion.
3. On your acceptance of our estimate, quotation or for small works which may have been verbally quoted for based on our hourly charges, once you instruct us to carry out the agreed work, and we commence the work - All these terms and conditions contained herein will apply automatically and deemed to be legally binding even in the event of non signing or non receipt by us of the last page: ‘The customer agreement / Start now notice - of these Terms and Conditions
4. The Company estimates are valid for a period of 30 days and are subject to works being carried out during usual working hours.
a) Any alteration or addition to the original estimate may be subject to extra cost. It may not be possible for a part of the estimate, or individual items to be completed separately without offering you a new estimate. This is because collective works carried out together are offered with a discounted rate based on the whole job and not our hourly rate.
b) We have included all anticipated costs in this estimate, however it is impossible to include every eventuality that may or may not occur, or to know beforehand the cost of all materials and parts required to complete your work, especially if there are any changes or additional work required than estimated for. If changes are made and agreed by you or extra work added, it will cost more in materials and labour. If you wish to have a written estimate for any additional work it is wholly your responsibility (rather than just verbally instructing us to go ahead at the time whilst on the job), to inform us that you require an additional written estimated price prior to us undertaking any changes - Please note, that this may delay the job due to obtaining prices for the materials and the extra labour time.
c) No responsibility can or will be accepted for any existing part or parts of any of your existing systems. Including any functionality and design defects which we have or have not diagnosed or inspected and that we are not correcting or not directly working on - Eg: existing incorrect pipe sizing, defective or corroded pipework and fittings that may also be hidden in walls, ceilings or floor voids. Any additional faulty components that are part of or within a water or gas appliance or installation, including all existing contents of any room or space that we are working in or not working in - including kitchens, bathrooms, washrooms, W.C’s, shower rooms, en-suite bathrooms, all fixtures, fittings, furniture, components, or any water pipe, pipe fitting, appliance, storage unit, or any gas system or appliance or any electrical or manual control, switch, light fitting, bulb or any component.
d) It is your responsibility to obtain any permissions or licences necessary for the works that you have instructed us to do - to be legally undertaken e.g turning off of adapting a shared water mains, working in shared or communal areas, leased or rented property, conservation areas and listed property or buildings, skips on the public highway etc. Your signing of this agreement confirms this has been arranged.
e) Should a GAS WARNING NOTICE be issued against existing gas appliances, dangerous installations or pipe work, it must not be turned on or used. The customer, owner, landlord, tenant or the responsible person is required to act on the notice. This notice cannot legally be removed or tampered with until rectified.
f) The Customer shall be solely liable for any hazardous situation in respect of GAS SAFE REGULATIONS or GAS WARNING NOTICES issued - should our recommendations be ignored.
5. Regarding the supply of new gas appliances - we will test, commission, and issue the “BENCHMARK” certification as well as carry out the notification to Building Control to comply with current building regulations and safety standards via the Gas Safe Register Notification Scheme - or directly with various gas or water appliance manufacturers’. The Notification of the installation to the Gas Safe Register will be done only after full payment of the agreed amount has been received.
6. Any new appliance that we supply or that you purchase yourself should come with a warranty or guarantee. It is entirely your responsibility to register any appliance with the appropriate manufacturer, and for you to arrange any servicing that may be periodically required to keep it in an optimal and safe condition, and to ensure that any warranty or guarantee is kept in force.
7. GUARANTEE - Our labour and parts that we supply are guaranteed for 12 months - As long as full payment has been received by us. The Guarantee will become null and void if the work completed or the appliance installed by us is: Subject to accidental or malicious damage, misuse, neglect or negligence, not regularly serviced or repaired, modified or tampered with by anyone other than our company operatives.
a) We will not guarantee any work in respect of reconditioned/used parts that are specified to be installed, or if a temporary repair is undertaken. No clearance of blockages in waste, soil and drainage systems etc. will be guaranteed.
b) Plumbsafe (UK) Ltd will not guarantee any work undertaken on instruction from the customer but against the written or verbal advice of the operative/engineer.
c) Any non-related or related faults that are brought to your attention during our work (including but not limited to), that we advised should have been carried out, but had not been undertaken at the customers request, then none of our work will be guaranteed. The company shall not be held liable or responsible for any damage that has not been caused by their negligence or resulting from work that was not recommended, or where recommended work or use of recommended materials has not been agreed by the customer - especially in favour of cheaper or more quickly or locally available alternatives.
d) We will not guarantee any work where the customer has been notified by the operative or anyone from Plumbsafe (UK) Ltd, either verbally or in writing - recommending that further or extra work is required.
e) Where Plumbsafe (UK) Ltd agrees to carry out works/repairs on installations of previous poor workmanship or work that is deemed ‘not to current standards’ or on appliances or materials of low or poor quality or on any heating or water system over ten years old. No guarantee will be given in respect of such works and the Company accepts no liability in respect of the effectiveness of such works or longevity of the repair.
f) We are not responsible for any defect or breakdown of existing pipework, fittings, valves, stop cocks, drain valves, radiators, systems, or appliances that we are connecting into or onto or turning off or on, or opening or closing.
g) When tiling especially on a wooden floor, specific ‘matting’ and adhesive is highly recommended and will be required to help secure the tiles to the wood/timber. Tiling on wood or any surface that may move due to thermal movement, unsound subfloor or joists, foundations, dampness or subject to water penetration etc, may cause the tiles, adhesive or grouting to become loose and crack. No responsibility will be taken for any damage caused by movement.
h) When carrying out any work, as well as when cutting tiles, timber etc. may cause dust to settle. We will be as careful as is practical, but it is virtually impossible to prevent the formation of dust. Your home/premises may need cleaning when the works have been completed, this is not included in this estimate but can be arranged at extra cost if required.
ASBESTOS or HAZARDOUS MATERIALS
8. It is the customers responsibility to inform us immediately if they know or become aware of the presence of any dangerous or any hazardous material in the property or external area that we will be working in, especially asbestos or flammable materials. If applicable, all asbestos will need to be removed by the customer before we commence work.
When any dangerous or any hazardous material including asbestos has been removed, a clean air or safety certificate must be provided before we will carry out any further work at your property. The quoted price does not include the cost of removing any waste, or dangerous or hazardous material, such as asbestos. It is possible that we could not have reasonably foreseen any dangerous or hazardous materials, and only become aware when carrying out the work. If something of this nature is suspected or found, the work will be immediately halted and only continued when we are satisfied it is safe.
PAYMENT TERMS
9. Unless otherwise agreed, we will require 50% of the total cost on acceptance and booking of the works. The balance is due on the day the works have been completed. Payment is accepted by Cash, Cheque, Bank Transfer or Personal Credit Card (not Company Cards, International Cards or AMEX).
Bank Details: Account Name: Plumbsafe Sort Code: 20:29:37 Account Number: 10312908a) ALL prices are subject to V.A.T at the prevailing rate which will be included in the final invoice. b) Time is charged for the amount of time spent working for you, including all reasonable time spent in sourcing, travelling and obtaining non-stocked or specific materials or parts required to complete your work. c) Hourly rate charges: You will be charged per hour to the nearest half hour e.g 1 hour and 20 mins will be charged at 1.5 hours, 1hour and 40 mins will charged at 2 hours. d) The Invoice, balance, and/or any extra installation materials or part costs are agreed by you to be paid on “completion” of the agreed work or the day following our emailed invoice to you. e)LATE PAYMENTS: Statutory interest rate of 8% per annum will be charged from theinvoice date. An administration charge of £25 plus £5 VAT totalling £30 will be chargedfor each subsequent reminder sent by email and/or post.f)If for any reason you have not received our invoice for example it may have gone intoyour junk or spam mail, it is your responsibility to check all your folders and inform usthat you have not received it within 14 days of us completing the work, otherwise thecharges above will apply.g)CHEQUES: With your details and our invoice number on the back - to be made payableto: “PLUMBSAFE (UK) LTD” If needed for posting our address details will be on theinvoiceh)DIRECT, BACs, & ON-LINE BANK PAYMENTS: Full bank details will also be onthe invoice sent to you - Please use as thePayment Reference : Your Full Name and / or Invoice number and/or address please.
ESTATE or MANAGING AGENTS, PROJECT MANAGERS or ANY PERSON ACTING ON BEHALF OF ANY OTHER BUSINESS OR ANY 3rd PARTY
10. The person or the business who requests and instructs us to carry out any of our services, agrees that they are personally and directly fully liable for all our costs, recovery costs and invoiced charges in full and are fully responsible to pay all outstanding invoices themselves and transfer the funds to us within 7 Days of receipt of our invoice, unless a longer ‘Due date’ has been agreed in advance. Please Note: IT IS NOT OUR RESPONSIBILITY TO CHASE YOUR CLIENTS FOR OUR PAYMENT. Additionally, if we are requested to address an invoice to a 3rd party or other personal name or business name, as per your instructions, you fully agree that any debt does not legally change or transfer the responsibility from you. You further agree that you are still fully liable to pay all our charges, fees and costs in recovering any debt from yourselves or your business.
LIMITED COMPANIES or BUSINESSES THAT have LIMITED LIABILITY status
11. The person or director who requests and/or instructs us for any of our services, agrees that they will personally indemnify us and are therefore directly and fully liable and responsible to pay our invoiced charges and all costs in full in the event of non payment for any reason by the company who you are or were acting for, employed or self employed and in all cases of liquidation, bankruptcy, ceasing to trade or similar.
TITLE AND OWNERSHIP OF ALL GOODS AND MATERIALS
12. The risk for all parts and materials are passed to you or your premises or the site of installation on delivery and must be adequately insured for all risks. Ownership of all parts and materials delivered or installed shall remain with us until the full stated price has been received, including our labour costs and VAT and all other outstanding amounts due to us in respect of any other business transactions between us.
a) For the purpose of this sub-clause we shall be entitled to treat this as part of the outstanding account for any monies owing to us from any associated or subsidiary company of yours and or from any director or shareholder of yours.
b) Until payment of the outstanding account has been made, you shall take all necessary steps for the protection against theft and damage for our parts and materials and appliances which are left at the site address. They should be clearly marked as being our property.
EXISTING INSTALLATIONS
13. Existing defects - if they are identified on the existing pipework or system, will be rectified if you instruct us to do so, but when a fault becomes apparent on the existing pipe work, controls, fittings, electrical components, wiring, appliance(s) or any other part of the heating or plumbing system at a later date, Plumbsafe (UK) Ltd cannot be held responsible for any pre-existing defects in the installation, or on appliances that we have not worked on, or on any part or parts that we have not renewed.
a) No decorative or repair works to the property will be carried out after the installation, including any boxing in of pipe work and/or flues (e.g If we need to remove tiles or flooring to make access in order to repair a leak): re-rendering. re-plastering, re-tiling, carpet stretching, or decoration to that part or any other part of the property is NOT INCLUDED unless specifically estimated for. After our work has been completed it will be known exactly what will need decorating, repairing, boxing, tiling, plastering etc - we will then be able to provide you with an additional estimate if required.
b) The Company shall not be liable for any delay or for the consequences of any delay in performing any of its obligations if such delay is due to any cause whatsoever beyond it’s reasonable control and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
c) Engineers operate under their own GAS SAFE REGISTRATION certification and they are responsible for any gas related work and subsequent liability.
POWER FLUSHING AND CLEANSING
14. If Power Flushing or cleansing of the heating system is required, the following terms and conditions apply:
a) Prior to a new boiler being installed, it is recommended that the existing pipe work and radiators should be “Power Flushed” to remove as much sludge from the system as possible to help prevent any contamination to the boiler and to help not to invalidate the guarantee on the boiler.
b) The process of Power Flushing has a higher risk on older systems over 10 years old, of causing leaks in pipe work and radiators and heat exchangers within boilers - due to the removal of the sludge - as system sludge is known to seal up small holes that is then removed during the flushing process revealing (existing) leaks in the system. If there are any corroded parts, valves or radiators etc. there is a high probability these may fail and leak.
c) Any leaks found in the pipe work that become present whilst we are on site will be fixed by us if you wish us to do so including leaking radiators that can be replaced by us at extra cost to you. In all cases Plumbsafe (UK) Ltd accept no responsibility for any damage to the fabric of your home or premises, or any of the contents contained within it, including any decoration, carpets, electrical appliances, any other appliances, fixtures or fittings etc due to a leak caused by this process.
MISCELLANEOUS
15. Self purchase of parts or materials: If you wish to purchase your own parts or materials - we will not in anyway whatsoever be responsible for them. If a fault occurs with your own parts or appliance or they are incompatible and we are unable to complete the installation or repair - we will still charge for our time in attempting to fit your parts on top of our charges to return (if you want us to)when you have obtained a replacement(s) and for any future visits.
16. We may install what you supply to us but only if they are appropriate fittings - if the specification, type, colour, shape, quality or anything else that is incorrect, or that you are not happy with the item(s) that you have supplied to us - it is not our responsibility - If damaged items are noticed, we may charge our standard hourly rate for our time in waiting for your deliveries/collections and/or returning to re-fit the replaced, incorrectly ordered or missing items.
17. If we have to collect additional parts to complete your work in addition to what you have self purchased, in order to carry out and complete the installation or repair (boiler breakdown etc), we will charge our standard hourly rate plus any parking fees etc. which will be added to the final invoice.
18. Recommendations: If you request or choose to use any recommendations for suppliers or other trades from us, we are not responsible in any way for their service, supply, goods, appliances, deliveries, workmanship or any other issue you may have with them.
19. The cost of any part(s) or materials we supply will be subject to a minimum mark up / margin of 20% plus Vat.
20. Delays caused by your other trades: (usually applicable to building sites or property renovations etc). When booking a date with us, it is our intention to commence and complete the works concurrently, if however our work is held up by your other workmen, for example; areas not being ready to hang radiators, no electricity, no gas, etc. We will charge our standard hourly rate whilst waiting which will be added to the final invoice. If it will be a long delay, we may leave the site and re-attend at a future time/date after your confirmation and agreement when we can continue with our contracted works.
21. These terms and conditions may not be copied, released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of Plumbsafe (UK) Ltd and by the Customer. Furthermore, these terms and conditions shall prevail over any previous terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company. By entering into a contract with the Company, the Customer agrees irrevocably to waive the application of any such terms and conditions.
22. The terms and conditions and all contracts awarded between Plumbsafe (UK) Ltd and the Customer shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
DEBRIS/RUBBISH REMOVAL
23. Any debris, rubbish, packaging, fittings etc that may be discarded during our work - and only if appropriate - will be disposed of in your own recycle bins or dustbins with your knowledge. If the debris is of such a nature / amount as to warrant the use of a licensed waste carrier, and you would like us to arrange a collection for the debris or to have a skip delivered - please advise us asap. The cost for this or removing and debris or rubbish from your property is not included in any of our estimates unless specifically noted.
ADDITIONAL CLAUSE/SEVERANCE
24. If a provision of the Contract (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable OR the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves Plumbsafe UK Ltd’s 'original intention.
COMPLAINTS
24.Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.