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- Terms of Use
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By visiting this website you agree to the following terms of use. We reserve the right to change these terms at any time without notice. Your use of this website is covered by the terms of use prevailing at the time of your visit.
Disclaimer
Access to this website is on the condition that you agree to be bound by the terms and conditions detailed below. This website is for information purposes only and is not intended for any other purposes and may be subject to change without notice. Nothing in this website constitutes advice whether legal, financial, professional, technical, generic, specific, direct or indirect. Plumbmedics.co.uk recommends that all visitors to this site should obtain specific advice and assistance on any content, information, details or issues relating to or contained within this website. This website is provided on an “as is” basis and makes no representatives or warranties of any kind with respect to the website and any of its contents and disclaims all such representations and warranties. We make no representation or warranties, express or implied, about the accuracy, completeness, or suitability for any purposes of the information and related graphics published on this website. The information on this website may contain technical inaccuracies or typographical errors or viruses. All liability of plumbmedics.co.uk howsoever arising for any such inaccuracies, errors, or viruses is expressly included to the fullest extent permitted by Law.
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- Terms and Conditions
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General
1 In these conditions
1.1 plumbmedics.co.uk is called ‘the Company’ and any person, individual, company or organization or authorized third party with whom the Company contracts is called ‘the Customer’. There are non-account customer and account customer included.
1.2 Works mean the services the Company provide to the Customer pursuant to the contract (as hereinafter defined).
1.3 All business activities between the Company and the Customer are governed by these terms. They supersede any other terms appearing elsewhere and exclude any other terms stipulated or incorporated or referred to by the Customer, whether in the order or instructions or in any negotiations or in any course of dealing established between the Company and the Customer.
2 Estimates
2.1 Estimate is not a fixed part of a contract which given by the Company based on information available to the Customer. Although the Company will try to quote the customer an estimated price as accurate as possible based on information received, the actual works required sometimes do vary from the information. Customer shall acknowledge that it is an idea of cost of labour, material, hired equipment prior to the works to enter the contract. The Company reserves the right to increase the estimated price based on on-site investigation to cover the cost of relevant labour, material and hired equipment.
2.2 The Company reserves the right to charge a fee for collecting materials and/or hired equipment in the event the relevant materials and/or the equipment are not in stock. The Company will select the nearest supplier to minimize the collection time. Such collections are treated as additional works to the labour, materials and hired equipments.
3 Works charges
3.1 There is a minimum one hour work charge on all jobs for the first hour, refer to the Charges page in this website, in the event the Company can not get access to the required materials and equipments after arrival. The Works charge is calculated by each half hour thereafter.
3.2 The Company charges 30% on top of all materials purchased by the Company for the Customer upon the Customer instructions.
3.3 The Company only issue own invoice to the Customer, which includes material charges and does not supply the Customer with suppliers invoice or its copy for materials purchased.
4. Price
4.1 All prices quoted in this website are v.a.t. exclusive. V.A.T. will be added on top of prices.
4.2 Prices are payable by Customers as stated in above paragraph 2.
5. Payment
5.1 For non-account customers, payment is due on completion of the Works. Payment must be made on such completion.
5.2 For non-account customers, interests will occur in the event the Customer is unable to make the payment on the completion. The interest rate will occur at 4% above the Company’s bank account interest rate.
5.3 For account customers, payment is due within 14 days of the completion of the Works. Payment must be made within 30 days of the completion of the Works.
6. Commencement and Completion Dates
Dates specified for the commencement and completion of the Works are estimates only and time shall not be of the essence of the Company except as provided in paragraph 15 below.
7 Inspection of Works
The Customer shall inspect the Works immediately upon the completion and if it considers that the Works or any part thereof are not in accordance with the Contract, a detailed notice shall be given in writing within 7 days thereof. In the absence of any such notice, the Works shall be conclusively presumed to be complete and free from any defect which would be apparent on reasonable examination.
8 Indemnity
The Customer shall indemnify the Company against all actions, suits, claims, demands, losses, charges, costs and expenses which the Company may suffer or incur in connection with a claim by any third party resulting from a breach of the Customer’s obligations, undertakings, representations and warranties in connection with this Contract.
9 Whole agreement and Exclusion of liability
These terms set out the Company's entire liability in respect of the Works and the Company’s liability under them shall be in lieu and to the exclusion of all other warranties, conditions, terms and liabilities, expressed or implied, in respect of the Works and the quality thereof.
10 Limitation of Liability, and Liability of the Company
The Company’s liability shall be limited to:
10.1 the repair or making good of any defect pursuant to its undertaking in paragraph 12 below and subject always to paragraph 7 above;
10.2 liability for death or personal injury resulting from negligence in the course of carrying out the Company’s duties, and
10.3 the reasonable costs of repair or reinstatement of any loss or damage to the Customer's property if such loss or damage results from the Company's negligence or that of its employees, agents or sub-contractors and the Customer incurs such costs.
11 Access
The Customer shall provide clear access to enable the Company to undertake the Works and will make all necessary arrangements with the proper persons or authorities for any traffic controls and signals or other permits or permissions required in connection with the carrying out of the Works. The Customer will at all times provide a safe working environment for the Company and its employees, agents and sub-contractors for the purposes of carrying out the Works. Where applicable to drainage works, the Customer will provide, if possible, a plan showing drain layouts. If this is not available, the Company reserves the right to render additional charges at the relevant applicable rate in accordance with paragraph 2 above if blockages occur in drains not covered by the specifications or if it is necessary to trace unidentified drains to complete the Works. The Customer must obtain any permission for the Company to proceed over property belonging to third parties if this is necessary for the proper execution of the Works and shall obtain any permission necessary to carry out work on property belonging to third parties. The Customer shall indemnify the Company against all claims of whatsoever nature made by third parties arising out of the presence of the Company its employees, agents or sub-contractors on the Customer's property save where such claim results directly from negligence on the Company's part. The Customer shall be liable to the Company for all losses or damages whether direct, indirect or consequential which is suffered by the Company as a result of failure or delay by the Customer in performing the obligations referred to above.
12 Defects
Subject to paragraph 7 above and the exclusions listed below, the Company undertakes to repair or make good any defect in completed work which appears within six months of completion of the same and which is notified by the Customer in writing to the Company within such period to the extent that such defect arises from a breach of the Company obligations under this Contract. This undertaking shall only apply to work carried out and completed and invoiced by the Company and which is paid for by the Customer by the due date for payment ascertained in accordance with paragraph 4.2 above. If the Company returns to the site at the Customer request to review a claim under this undertaking and it transpires that the defect had not arisen as a result of a breach of this Contract on the part of the Company, the Company reserves the right to charge the Customer for the visit at its standard rate as per paragraph 2 above. The Company reserves the right not to carry out any work under this paragraph 12 where the Customer cannot evidence that the work was originally carried out and completed by the Company or where payment has not been made in full for such work. Exclusions are:
- Systems or structures not installed by the Company.
- Any recall arising from circumstances or factors known to the Customer but not notified or disclosed to the Company prior to the work having been undertaken.
- Defects resulting from misuse, willful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer.
- Structural defects encompassing but not limited to subsidence and its resultant effect.
- Damage to drainage systems caused by root penetration or any other outside force.
- Any roofing work where the Company advises that the overall condition of the roof is poor and is in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
- Any work to repair an existing lock, or to fit any lock not supplied by the Company.
13 Force Majeure
The Company will use all reasonable Endeavour’s to carry out the Works on the agreed dates but shall not be under any liability to the Customer if it should be either impossible or impracticable to carry out the Works on the agreed dates or at all, by reason of strike, lock out, industrial dispute, act of god or any other event or occurrence beyond the Company's control.
14 Customer's Liability
The Customer shall be liable for:
- Any loss, damage or injury, whether direct or indirect or consequential, resulting from failure or delay in the performance of the Customer's obligations under these terms.
- Providing all necessary power and a clean water supply for the Company use in the execution of the contracted works.
- The safety of both plant and machinery belonging to or hired in by the Company or its employees, agents or sub-contractors and shall indemnify the Company against its loss, theft or damage.
15 Cancellation
15.1 If the Customer cancels the Contract without the Company’s consent other than pursuant to paragraph 2.2 above, the Customer shall indemnify the Company against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing, and for the avoidance of doubt any such cancellation is without prejudice to the Company’s right to payment in accordance with paragraph 5 above.
15.2 If the Customer wishes to cancel an appointment for a visit by the Company, the Customer will incur a cancellation fee of £50 (plus VAT) unless it does so more than two hours prior to the time scheduled for the appointment.
15.3 If the Customer cancels work to be undertaken pursuant to an estimate accepted by the Customer, subject to paragraph 2.2 above the Customer will be liable for a cancellation charge of 5% of the estimate price if the cancellation is made less than 14 days prior to the specified commencement date for the Works, 10% of the estimate price if the cancellation is made less than 7 days prior to the said specified commencement date and 20% of the estimate price if the cancellation is made less than 2 days prior to the said specified commencement date.
16 Removal of Waste Materials
Unless agreed in writing between the parties, the Customer will be responsible for the removal from site of all waste materials resulting from the Works.
17 Frozen Pipes
The Company will not be liable for any fracture found in frozen pipes attended by the Company. The Company will not guarantee to clear blockages occurring in a frozen pipe or drain.
18 Waiver, Variation etc.
No waiver by the Company of any breach by the Customer shall operate as a waiver of any preceding or subsequent breach by the Customer. No variation shall be effective against the Company unless sanctioned in writing by the Company. No forbearance or delay on the Company's part shall prejudice the Company's rights and remedies under this Contract.
19 The Laws
These terms & conditions are governed by and construed in accordance with the laws of England. Any dispute which may arise between the parties concerning these terms of use shall be determined by the English Courts and you submit to the exclusive jurisdiction of the English Courts for such purpose.