T and P Plumbing and Maintenance LLP
Terms and Conditions
1.1. References to any statutory provision, authority, rule or code of practice shall be deemed to include the amended versions, replacements or successors of such.
1.2 ‘The Supplier’ T and P Plumbing and Maintenance LLP. ‘The Client’ is customer and/or business stated on contract/quotation.
2. Relationship Between the Parties
2.1. The Client engages the Supplier to provide the services specified in these terms and conditions and attached schedules..
3. The Quotation
3.1. The Supplier shall provide to the Client a proposal for the services to be provided (“the Quotation”) which shall set out:
a) The services which the Supplier will undertake for the Client.
b) The date or time period within which the service will be performed.
c) The costs which the Client shall be charged for the performance of the services including:
i. Any fees which the Supplier shall charge.
ii. Any disbursements or expenses which the Supplier will require the Client to meet (including but not limited to the costs of materials).
iii. Any VAT or tax element which will be payable by the Client.
3.2. The Quotation shall be attached to these terms and conditions as a schedule and where a contract is entered into between the Supplier and the Client, the Client will be deemed to have accepted the content of the Quotation in full.
3.3. If the client should request any additional work to be carried out by the supplier, then the price stated in the quote shall not apply. On request the supplier will supply a new written quotation in relation to additional costs.
4. The Services and the Time and Manner of their Delivery
4.1. The Supplier will provide such services to the Client as are set out in the Quotation.
4.2. The services will be provided to the Client within the timeframe specified in the Quotation.
4.3. Time frames and dates of delivery are provided for guidance only and the Supplier makes no guarantee that the services will be performed within the specified period. For the purposes of this agreement, time shall not be of the essence and the Supplier shall not be liable for any loss or damage suffered by the Client as a result of the delivery of services being delayed or postponed for any reason.
4.4. Any drawings, descriptions, plans, catalogues, promotional materials or concept designs are for the purposes of illustration only, and except where specified otherwise they are approximations and are not intended to be a full and exact representation of the services.
5.1. The contract price is set out in the Quotation.
5.2. Any materials purchased by the Supplier can incur up to a 20% handling charge.
5.3. The intervals at which the Supplier may invoice the Client in respect of an installment of the contract price;
First stage 15% of invoice maybe asked for in advance of start of works .
Second stage 85% of invoice upon completion of works for each quote provided. . e.g.one quote for cloak room and another for family bathroom. . Payments are due within 5 days. Where a job is in excess of one week, interim payments can be sought from the client. The client will receive three days’ notice prior to any payments being sought.
5.4. Notwithstanding 5.1 and 5.2 above, the Supplier may vary the contract price from the amount set out in the Quotation where he has provided services which are different or in addition to those set out in the Quotation either at the specific request of the Client or because he has been required to complete additional work which was not anticipated at the time the Quotation was made, or because of market fluctuations in the price of materials.
5.5. The Client agrees;
a) Not to withhold any sums due to the Supplier.
b) To settle all invoices raised by the Supplier within 5 days.
c) Invoices paid late carry a late payment charge of 10% per month. However, this is applied at the sole discretion of the Supplier and is not applied automatically.
d) To pay to the Supplier interest at a rate of 4 percentage points per annum above the Bank of England base rate on any payments which are not settled in accordance with section 5.3.
e) To pay to the Supplier such costs and expenses as he may incur in recovering payment from the Client where the Client fails to make payment in accordance with these terms and conditions.
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and where the Client is a consumer within the meaning of section 12 of the Unfair Contract Terms act 1977, the Client may cancel this contract within 14 calendar days (or within whatever extended period the Supplier may specify in the Quotation) and shall be entitled to a full refund of any monies paid to the Supplier, less an amount representing any reasonable administration costs which the Supplier has incurred. Any cancellation outside this period will not entitle the Client to a refund of any monies paid . The cleint is resposible for any enhanced delivery service costs incurred within the 14 day cancellation period. eg guaranteed next dayany cancellation, must be written on a durable medium, e.g paper or e-mail
Your right to cancel
Your right to cancel an order for goods starts the moment the Client agrees contract your order and ends 14 days from the day you receive your goods.
If your order consists of multiple goods, the 14 days runs from when you get the last of the batch.
This 14 day period is the time you have to decide whether to cancel, you then have a further 14 days to actually send the goods back.
Your right to a refund
You should get a refund within 14 days of either the trader getting the goods back, or you providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is the sooner.
A deduction can be made if the value of the goods has been reduced as a result of you handling the goods more than was necessary.
The extent to which a customer can handle the goods is the same as it would be if you were assessing them in a shop.
Refunding the cost of delivery
The trader has to refund the basic delivery cost of getting the goods to you in the first place, so if you opted for , it only has to refund the basic cost.
6.1 If the client cancels their instructions prior to any work bring carried out or materials supplied then the client shall be liable for any related expenditure together with the profit that would have been made by the Supplier had work been carried out/or materials supplied in accordance with such instructions.
6.2 cost of delivery and the cost of returning items if you have used right to cancel and change your mind outside of the 14 day cancellation period
7. Client’s Obligations
7.1. The Client shall be responsible for the correctness of all measurements for products or materials which he gives to the Supplier. Where these measurements are not correct and accordingly materials or products which are ordered or provided by the Supplier are the wrong size, the Client shall bear the expense of rectifying this.
7.2. The Client shall co-operate with the Supplier as may be necessary to facilitate this agreement, including but not limited to:
a) Permitting the Supplier access to the property or location in which the services are to be supplied (“the Site”) and assuring that such access is appropriate and adequate.
b) Providing for the Supplier such facilities as may be necessary in order to allow him to complete the services.
c) Following the Supplier’s reasonable instructions relating to safety and the state of work which has recently been completed by the Supplier or is in the process of being completed or to the state of the Site in general, including directions and restrictions on appropriate usage, care and maintenance.
7.3. Unless the Quotation specifies otherwise, the Client will be responsible for any cleaning and redecorating which is necessary to the Site after the Supplier has completed the agreed services.
7.4. Where the Supplier stores or keeps any materials or equipment on Site, the Client shall be responsible for the security and safety of such and shall account to the Supplier for any loss or damage.
7.5. The Client shall be responsible for any permissions, licenses or consents which are necessary in order for the services to be provided. The Client warrants that he has applied for and obtained all such necessary permissions, license or consents prior to contracting the Supplier.
7.6. The Client shall clear the site of all furniture and property prior to the Supplier commencing work. This includes any old bathroom units or fixtures, except where the Quotation specifically provides that the Supplier will remove these.
8. Supplier’s Obligations
8.1. The Supplier shall perform all duties, services and obligations under this contract with reasonable care and skill and to a reasonable standard. He shall comply with all relevant codes of practice and statutory or regulatory requirements.
8.2. Whilst the Supplier shall take all reasonable steps to match his work to existing colours, finishes or other aesthetics (as the Client may direct) he cannot guarantee any such match.
8.3. The Supplier shall take all reasonable care with the Clients property, including taking reasonable steps to protect the Client’s furnishing’s and wall and floor coverings during the provision of the services but cannot take responsibility for any damage which is caused.
8.4. The Supplier shall be responsible for managing and arranging the safe and lawful disposal of any waste materials which are generated or removed from the Client’s property as a result of the provision of the services if removal of waste is included in quote.
8.5. The Supplier shall at all times hold a valid employer and public liability insurance policy.
9. Property Rights and Assumption of Risk
9.1. Any property rights, title or ownership in any property or materials which are used by the Supplier in providing or delivering the service shall remain with the Supplier until the Client has made payment in full in accordance with these Terms and Conditions.
9.2. Risk in and responsibility for any products or materials which are used in the supply, performance or delivery of the services shall pass from the Supplier to the Client.
a) Where the Supplier is responsible for delivering the products or materials to the Client, upon delivery; or
b) Where the Supplier is not responsible for delivery, at the moment the products or materials leave the Supplier’s premises.
c) Title to any goods, supplied by the Supplier to the Client shall not pass to the Client but shall be retained by the Supplier until payment in full for such goods has been made by the Client to the Supplier.
d) Until such time as title in the such goods has passed to the Client:
e) (i) the Supplier shall have absolute authority to repossess, sell or otherwise deal with or dispose of all any or part of such goods in which title remains vested in the Supplier,
f) (ii) for the purpose specified in (i) above, the Supplier or any of its agents or authorised representatives shall be entitled at any time & without notice to enter any premises in which goods or any part thereof is installed, stored or kept, or is reasonably believed so to be.
g) (iii) the Supplier shall be entitled to seek a court injunction to prevent the Client from selling, transferred or otherwise disposing of such goods.
h) Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Client, & until such time as title in such goods has passed to the Client, the Client shall insure such goods to their replacement value & the Client shall forthwith, upon request, provide the Supplier with a certificate or other evidence of such Insurance.
10. The Guarantee
10.1. The Supplier provides to the Client, in addition to any statutory rights which the Client may have, a guarantee that the services provided under this contract shall be free from defective or flawed materials or workmanship for a period of 1 year from the completion of the services, notwithstanding that this guarantee shall not apply to:
a) Defects or flaws which are as a result of any misuse, failure to adequately and properly maintain, neglect or failure to follow instructions or recommendations on the part of the Client.
b) Any defect or flaw which is caused by mechanical or chemical damage (which is not in itself a result of some defect in the workmanship or materials) and which arises after risk in the property has passed to the Client.
c) Repaired, modified or tampered with by anyone other than a T and P Plumbing and Maintenance operative. The Supplier will accept no liability for, or guarantee suitability; materials supplied by the Customer & will accept no liability for any consequential damage or fault.
10.2. The Supplier shall, at his sole discretion, determine the manner in which he will satisfy this guarantee, whether by repairing re-performing or replacing the services or by refunding to the Client all or part of the monies which have been paid.
10.3. Work is guaranteed only in respect of work directly undertaken by the company & payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
10.4. The Supplier shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by an operative of T and P Plumbing and Maintenance either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
10.5. Where the Client considers that the services are defective upon delivery or performance then he shall notify the Supplier of this in writing within 14 days, failing which he shall not be entitled to claim the benefit of this guarantee.
10.6. This guarantee shall not become effective until the Client has paid the Supplier in full, failing which the Client shall not be entitled to claim the benefit of this guarantee.
10.7. The Supplier will not guarantee any work in respect of blockages in waste & drainage systems etc.
10.8. Where the Supplier agrees to carry out works on installations of inferior quality or over five years old at that date no warranty is given in respect of such works & the Company accepts no liability in respect of the effectiveness of such works or otherwise.
11.1. This agreement shall continue until the services (or any mutually agreed addition, extension or variation thereof) have been provided, or until terminated in accordance with the below.
11.2. Without prejudice to the above this Agreement may be terminated immediately where any of the following circumstances arise:
a) Either party commits a serious breach or persistent breaches of this agreement including but not limited to the non-performance, neglect or default of any of his duties as outlined herein (including a failure on the part of the Client to make payment within agreed timescales) and after notice of this breach has been given to the defaulting party it remains unremedied and unrectified 14 days after such notice.
b) Either party commits a breach of this agreement which cannot be remedied.
c) Either party becomes insolvent or enters into a CVA or IVA or ceases to carry on the whole or substantially the whole of its business.
11.3. Upon termination of this agreement the Client shall pay to the Supplier such sums as may represent work done and expenses incurred up to and including the date of the termination.
11.4. Any right to terminate this agreement shall be without prejudice to any accrued rights or liabilities arising out of this agreement which are in existence at the date of termination.
12. Disclaimers and Exclusions
12.1. The Supplier shall not be responsible in any circumstances to the Client or any third party for any loss of profit or indirect or consequential economic damage or loss, howsoever caused, whether as a result of negligence, misrepresentation, breach of contract or otherwise.
12.2. Nothing in the forgoing shall be read as restricting or limiting in any way the Supplier’s liability for death or personal injury.
The Client shall indemnify the Supplier against any loss or damage which results from the Client’s breach of this agreement or failure to abide by any of its terms.
14. Force Majeure
Neither party shall be liable for any delay or failure in performing its obligations or duties under this agreement which results from circumstances outside his reasonable control including but not limited to acts of God, industrial action, war, fire, threat of terrorism, civil disturbance or rioting, government or regulatory action, breakdown in plant or machinery or shortage of raw materials or supplies.
15. Warranty of Contractual Capacity
Both parties and the signatories to this agreement warrant that they are authorised and permitted to enter into this agreement, and have obtained all necessary permissions and approvals.
16. Whole Agreement, Governing Law, Severability and Miscellaneous Provisions
16.1. This document constitutes the entirety of the agreement between the parties. It supersedes any prior representations which may have been made, whether orally or in writing. Any modification to this agreement must be made in writing and signed by both parties.
16.2. This Agreement shall be governed by the Law of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.
16.3. All clauses, sub clauses and parts thereof shall be severable and shall be read and construed independently. Should any part of this Agreement be found invalid this will not affect the validity or enforceability of any other provision or of this agreement as a whole.
16.4. All terms, conditions and covenants contained in this agreement shall bind the parties and their heirs, legal representatives, successors to title and permitted assignees.
16.5. Nothing in these terms and conditions shall incur any rights on a third party and no third party may enforce any provision of this contract under the Contracts (Rights of Third Parties) Act.
16.6. The failure by either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that part’s right to subsequently compel and require strict compliance with every provision of this agreement.