GLYN BELL PLUMBING & HEATING
General Terms & Conditions
1: Definitions
1:1 For the purpose of these terms & conditions, which are referred to in this document as “these terms”, the following words or phrases shall have the following meanings:
1:1.1 “Company” shall mean Glyn Bell Plumbing & Heating
1:1.2 “Customer” shall mean the person or organisation for whom the works are to be carried out.
1:1.3 “Contract” shall mean the agreement between the Customer and the Company to carry out the Works, of which these terms form a part and (where these terms are a schedule to a signed agreement between the Customer and the Company (“the Agreement”)) the Agreement
1:1.4 “Works” means the works described in the Company estimate or any other document or email issued by the Company, as may be varied by agreement in writing between the parties.
1:1.5 For the purposes of these terms, “in writing” includes by email, text or letter.
2: Acceptance of Works: The Company reserves the right to refuse any work at its discretion. Where the Company agrees to undertake Works for the Customer, such Works will be carried out by authorised representatives of the Company only.
3: The Company: charges a minimum of one hour for all appointments, regardless of the amount of work carried out. This applies to work quoted at an hourly rate and to fixed-price work.
If, for any reason, the Company is unable to carry out the Works during attendance, the minimum one-hour fee will still be payable for the Company's attendance, together with the cost of any additional labour time over the first hour and any parts or materials used.
In some circumstances, a particular job may involve a high material cost. In such cases, a deposit may be required to secure the purchase of the relevant materials. The deposit will be either 50% of the total estimate or the full cost of the materials, where the material cost exceeds 50% of the total estimate.
4: Estimates and Fixed Price Work
4:1 Any estimate supplied by the company is subject to withdrawal at any time before receipt of an unqualified acceptance from the customer, and shall be deemed withdrawn unless it has been accepted within 28 days from its date.
4:2 Unless otherwise specified, all estimates provided are done on an ‘as is’ basis, and are not a fixed price quotation or firm price. The estimate will set out the likely minimum costs involved based on a visual inspection by the company and/or details supplied by the customer.
4:3. Any estimate provided by the company may be revised in the following circumstances:
4:3.1 If after the submission of the estimate by the company, the customer instructs the company (whether in writing or orally) to provide additional works or services not referenced or detailed in the estimate.
4:3.2 If following the submission of the estimate by the company, there is an increase in the cost of materials to be supplied.
4:3.3 If following the submission of the estimate by the company, it is discovered further works and services need to be carried out which had not been anticipated.
4:3.4 If following submission of the estimate or works carried out, it is discovered that there was a manifest error when the estimate was prepared.
4:3.5 The company will not be under any obligation to provide an estimate to the customer. Any estimate provided by the Company will only be binding if it is provided in writing. Verbal estimates will not be binding.
4:4 The customer will reimburse the company for any and all expenses incurred (including labour, materials and equipment hire) upon acceptance of an estimate which is subsequently cancelled by the customer.
5: Prices, Payment & Contracts
5:1 All invoices are due for payment immediately upon completion of the works.
5:2 All appointments made for Works to be carried out by the Company, including fixed-price Works and estimates, are subject to payment being due immediately upon completion and/or delivery of the invoice.
5:3 Where the Customer is represented by a third party or agent, such as a managing agent, landlord, tenant, other occupier, friend, family member, contractor or other representative, the third party will be responsible for payment in the event of non-payment by the Customer, unless the Company has agreed otherwise in writing before any Works commence.
5:4 For any late payment, whether in part or in full, by a business customer, the Company reserves the right to charge interest at a rate of 8% per annum above the Bank of England base rate, where permitted by law, until payment in full is received.
5:5 The company will be under no obligation to provide or issue any guarantees, certificates or other similar documents to the customer for works, unless payment has been made and received in full.
5:6 Our invoices will be sent by email unless an alternative arrangement has been requested and agreed in advance. Payment may be made by cash or online payment.
5:6.1 After 28 days a final reminder letter or email will be sent out;
If any payment due from a business customer is not paid by the agreed due date, the Company reserves the right to charge statutory interest at a rate of 8% per annum above the Bank of England base rate, in accordance with the Late Payment of Commercial Debts (Interest) Act 1998, as amended by the Late Payment of Commercial Debts Regulations 2013.
The Company may also claim the applicable fixed sum for the cost of recovering the late payment, being £40 for debts up to £999.99, £70 for debts from £1,000 to £9,999.99, or £100 for debts of £10,000 or more, together with any additional reasonable costs of recovery where permitted by law.
5:6.2 After a further 30 days, failure to pay the overdue and outstanding amount on your account will result in either a statutory demand or the overdue account being handed over to a debt collection agency which will incur additional fees to yourself.
5:7 All materials supplied by the Company remain the property of Glyn Bell Plumbing & Heating until payment has been made in full. The Company reserves the right to remove any materials supplied if payment is not made in full and on time.
5:8 Glyn Bell Plumbing & Heating take no responsibility for any parts supplied by customers and may refuse to fit the parts if there are any questionable issues regarding part integrity, part incompatibility and/ or health and safety regulations. Where a questionable or incompatible part is required to be utilised to make good when there is no/ a notably more extensive option, this work cannot be guaranteed and the plumbing engineer will discuss and record their findings and report this to the office. They will also advise and give you their recommendations for rectification to eliminate subsequent issues.
5:9 With regards to installations where we are replacing an already in situ mechanical part, component or appliance, we cannot be held liable or responsible for the previous installation work where our engineers have not undertaken the initial install. In these circumstances any warranty that may be provided with the appliance which is dependent on compliant installation will not be valid if the prior installation (not made by our engineers) is non- compliant. In these circumstances any cost for replacement parts during or after warranty time would fall to the customer as we cannot be liable for work that has not been carried out by our engineers. If you wish to discuss a survey of compliant installation prior to our engineer changing your appliance ie shower pump to an equal and equivalent substitution (like-for-like component being removed and fitted onto current pipe work set-up) please speak to one of our team and they can discuss an estimate for this service.
6: Illustrations and Description of Works
Any illustrations, photographs, descriptions, specifications, imagery or other information displayed on the Company's website, in marketing materials (whether online or offline), catalogues, price lists or other promotional materials are intended to provide a general indication of the works and services offered by the Company. While the Company will endeavour to ensure that such information is accurate, minor variations may occur. Such illustrations, descriptions or imagery shall not form part of the contract unless expressly agreed otherwise in writing.
7: Inspection, Delivery and Completion of Works
The Company will advise the Customer of the proposed date and, where applicable, the estimated time for works to be carried out. The Company will use reasonable endeavours to attend and carry out the works at the agreed time.
Any dates or times provided by the Company for attendance, delivery or completion are estimates unless expressly agreed in writing as being fixed or guaranteed. The Company shall not be liable for reasonable delays or non-attendance resulting from circumstances beyond its reasonable control, including delays caused by suppliers, manufacturers, delivery companies, traffic, adverse weather, unavailable parts, unforeseen site conditions or other circumstances outside the Company's reasonable control.
Where a delay occurs, the Company will endeavour to notify the Customer as soon as reasonably practicable and, where appropriate, arrange an alternative date.
Nothing in this clause shall affect any rights the Customer may have under applicable law.
8: Indemnity
The Customer shall be responsible for any loss, damage, cost or expense reasonably incurred by the Company as a direct result of the Customer's breach of these Terms and Conditions, or as a result of the Customer providing false, misleading or materially incomplete information relevant to the works.
The Customer shall not be liable under this clause to the extent that any loss, damage, cost or expense has been caused or contributed to by the Company's own breach of contract, negligence or other failure to comply with its legal obligations.
Nothing in these Terms and Conditions shall require the Customer to indemnify the Company in respect of any liability which cannot lawfully be excluded or transferred to the Customer.
9: Limitations of Liability
9:1 The company’s liability shall be limited to:
9:1.1 The repair or making good of any defect pursuant to the Company's undertaking in paragraph 10 below, and subject to paragraph 7 above.
9:1.2 Liability for personal injury or death resulting from negligence in the course of carrying out the Company's duties.
9:1.3 The reasonable costs of repair or reinstatement of damage or any loss to the Customers property, should this result from the negligence of the company or its employees, and the customer incurs such costs.
9:1.4 The Company accepts no responsibility for damage suffered to any part of a property where the damage is wholly or partly a consequence of a defect or weakness in that part of the property.
9:1.5 The company will not hold responsibility or liability for damage caused whilst investigating and repairing any plumbing, gas or drainage work, including blockages.
This includes, but is not limited to, the removal of bathroom suites, panels or furniture, tiles and tiling, floor coverings (carpet, rugs, laminate, wood, tiles etc.), internal and external walls where pipework has to be routed, and other resulting damage.
9:1.6 If damage to plaster or brickwork is caused, it will be the Customer's responsibility to make good. The Company accepts no responsibility for damage to wallpaper, paintwork, tiles, carpet, furniture etc. Any silicone work does not carry a guarantee.
9:1.7 It is the responsibility of the Customer to protect items of furniture, furnishings, fixtures and fittings. The Company will make reasonable efforts to avoid causing damage. Customers are advised to remove items that may be at risk. If items remain within the working area, it is the Customer's responsibility to cover and protect such items.
10. Defects
10:1 Subject to paragraph 7 and the exclusions listed below, the Company undertakes to make good and repair any defect in completed work which appears within six months of the completion date of the same, to the extent that such defect arises from a breach of the Company's obligations under this Contract. All defects must be notified to the company by the customer in writing within this period, and the company and its insurers must be provided the opportunity to inspect the work and any alleged defect. This inspection shall only apply to work carried out and completed by the company that has been paid in full by the customer. If following the inspection, it transpires that the alleged defect is not the result of any work or service carried out or provided by the company, the company reserves the right to make a charge to the customer for the inspection visit at its standard rate. The company reserves the right to not carry out any work where the customer cannot provide sufficient evidence that the work was originally carried out by the company, or where full payment has not been received for said work.
10:2 The following exclusions apply:
10:2.1 Any parts of materials supplied by the company will only be provided with the manufacturer’s or supplier’s guarantee, and are not guaranteed by the company.
10:2.2 Any systems or structures which have not been installed by the company.
10:2.3 Any defects resulting from the misuse, wilful act or faulty workmanship by the customer or any other third party working for or under the direction of the customer.
10:2.4 Any structural defects, such as but not limited to subsidence and its resultant effect.
10:2.5 Any damage to drainage systems caused by any outside force or root penetration.
11. Permits, Licenses, Regulations and Other Consents/Access:
11:1 It is the Customer's duty to ensure that suitable permissions, permits, licences and all other consents from the owner, landlord, agent or organisation, and/or planning permission where necessary, are obtained prior to installation work being carried out by the Company. The Company will not be held responsible for any damage to the property (such as fixings, holes etc.) if this has not been obtained, and in the event of equipment supplied or installed requiring removal or re-positioning, extra charges will be incurred.
11:2 The Customer shall provide clear access to enable the Company to undertake the Works and will make all the necessary arrangements with the proper persons or authorities for any traffic controls and signals required in connection with carrying out the Works.
11:3 The Customer shall obtain permission for the Company to proceed over property belonging to neighbours or third parties if this is necessary. The Customer shall indemnify the Company in respect of any claim from neighbouring or third-party properties arising out of the presence of the Company or its employees/representatives.
11:4 The Customer will at all times ensure that the environment is safe for the Company and its employees/representatives for the purpose of carrying out the Works.
11:5 Where applicable to drainage works and services, the Customer shall provide the Company, where possible, with a plan of the drain layouts. If this is not available, the Company reserves the right to make additional charges at the applicable rate if blockages occur in drains not covered or identified by the Customer.
11:6 By instructing the Company to proceed with any Works as agreed, the Customer is deemed to have confirmed that the necessary permissions have been obtained as set out above. The Customer will be liable to the Company for all loss and damage, whether indirect, direct or consequential, which has been suffered by the Company as a result of failure or delay by the Customer in performing the obligations detailed above.
12: Force Majeure: The Company will use all reasonable efforts to carry out and complete the Works on time, but shall not be liable to the Customer or any third party if the Works prove impossible due to events or circumstances beyond the Company's reasonable control.
13: Cancellation: If the Customer cancels any Contract with the Company without the Company's consent, the Customer agrees to indemnify the Company against any and all loss, damage, claims or actions arising as a result of such cancellation, unless otherwise agreed in writing. This is without prejudice to the Company's right to payment in accordance with paragraph 5.
14: Removal of Waste and Materials: The Company is not responsible for the removal of any waste materials. The Customer is responsible for the removal of any waste materials resulting from the Works carried out by the Company.
15: Frozen Pipes: The Company will not be liable for any fractures found in frozen pipes attended by the Company and cannot guarantee to clear blockages occurring within frozen pipes or drainage systems.
16: Guarantees
16:1 Any guarantee provided by the Company shall be for labour only in respect of faulty workmanship for 12 months from the date of completion. Any parts, equipment or components supplied by the Company will be covered by their respective manufacturer's warranty. Labour will be charged at the normal rate if parts supplied by the Company fail and are replaced after the first 6 months of fitting.
16:2 The Company guarantee will become null and void if the Work/appliance completed/supplied by the Company is:
16:2.1 Subject to misuse or negligence.
16:2.2 Repaired, tampered with or modified by anyone other than a company employee/ representative.
16:2.3 The Company accepts no liability for, or guarantee of the suitability of, materials supplied by the Customer or other third parties and will not accept liability for any resulting damage or faults.
16:3 The company is unable to guarantee any work in respect of blockages in waste and drainage systems.
16:4 The Company is unable to guarantee any work which has been undertaken on the instruction of the Customer against the Company's or employee's advice or recommendation.
16:5 The Company will only guarantee work directly undertaken by the Company and its employees.
16:6 The Company will not be liable or responsible for any damage or defect arising from work not covered by a guarantee or where recommended work has not been carried out.
16:7 The Company will not guarantee work where the Customer has been notified, either verbally or in writing, by the Company of any related work requiring attention.
16:8 The customer shall be solely liable for any hazardous situation in respect of Gas Safe regulations, or gas warning notice issued, unless otherwise caused by the company’s Gas Safe operative.
17. Complaints Procedure: If the Customer experiences a problem with the service provided by the Company, the Customer must put their complaint in writing at the earliest opportunity. Upon receipt of the complaint, the Company will endeavour to resolve the matter within fourteen working days.
18. Notice of Your Right to Cancel
18.1 The customer has the right to cancel this contract within 14 calendar days starting on the day the notice of right to cancel is issued.
18.2 Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email.
18.3 Notice of cancellation is deemed to be served as soon as it is posted/sent.
19. Work Carried out Prior to the Expiry of the Cancellation Period: By accepting an estimate in writing, you agree work will commence before the fourteenth day cancellation period expires, and should you subsequently cancel in accordance with your rights, you are advised that reasonable payment may be due for any work carried out, including labour at the applicable rate.
Nothing in these terms and conditions is intended to remove your rights regarding the quality of our work, or relating to faulty or misdescribed goods that are supplied as part of our service.