Terms and Conditions
The customer refers to the customer named on the quotation and the company refers to East Dulwich Plumber.
- All East Dulwich Plumber’s contractors are insured against loss or injury through their negligence.
- Engineers operate under their own GAS SAFE Registration & as such are solely responsible for any Gas related work & subsequent liability.
- All charges are clearly laid on within our quotation. In situations when a quotation has not and /or cannot be provided (ie: Immediate or Emergency works), then our normal charges apply and are as follows: £100 per hour for the first hour and £80 per hour thereafter during normal working hours (evening and weekend prices may vary). Additional charges will be applied for the supply of any parts and materials as needed and these will be clearly laid out on the invoice you receive.
- Acceptance of quotation can be made by electronic email to email@example.com or firstname.lastname@example.org.
- The company has quoted the cost of the work needed. Once you have accepted this quotation in accordance with below, the company undertakes to carry out all the works necessary to complete the work described in your specification and this quotation subject to the conditions contained in this agreement.
- Where a quote includes customers materials these materials will be non-refundable once the quote is accepted with us, unless it is cancelled with 7 days notice and should you cancel your work with us the cost of the materials shall still be payable in full.
- If you require a particular date for the works to be carried out, the company will do all that it reasonably can to meet the dates given for the work. The company also understands that there might be instances when a date for the work cannot be met by you, and as a result no party shall be liable for costs or able to cancel this agreement. In case of unforeseen circumstances, beyond reasonable control of the company or you, the company will contact you and agree an alternative date.
- The company will carry out the whole of the work specified in this quotation at the price quoted during normal hours, which are between 9am and 5.00pm Monday to Friday. Any variations or additions requested by you will be subject to an additional charge and if the company is delayed or prevented from doing the work by the agreed date due to delay or default on your part, the company may on written notice to you add to the charges at a reasonable sum in respect of any additional costs incurred.
- The company shall not have any liability for any failure to perform its obligations under any quotation if it is prevented from doing so by any cause reasonably beyond its control; including without limitation; adverse weather conditions, fire, accident or war, a failure or delay attributable to any electricity, water or gas network, the act or omission of any party for whom the company is not responsible. East Dulwich Plumber shall be entitled to a reasonable extension of the time for performing such obligations.
- If you are a tenant, you may need your landlord’s permission for the work to be carried out. The company will assume such permission has been granted and shall have no liability for any loss or damage arising from failure to obtain such permission.
- The Customer shall accept sole liability to pay the company’s invoice unless he/she discloses to the company when initially instructing the company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership) & receiving a written estimate) the name of the third party appears on the written quote.
- The customer is responsible to provide a clear entrance and walkway free of any personal items to allow access to enable work to be completed; the company is not responsible for any damages to personal property incurred during this time.
- After delivery of any goods from the company, you will be responsible for their safe keeping and you should make sure that you are adequately insured against loss or damage which may occur to those goods. You hereby agree to reimburse us in full for any losses we incur.
- Payment of quotations and projects with a value of more than £1000.
The customer will be required to pay a sum equal to 50% of the quotation prior to work commencing. Once work has commenced, a sum equal to 25% will be invoiced on the agreed date. At the end of the project, an invoice will be raised equal to the final 25% plus any additional work and extras. The company reserves the right to charge an administration fee of £25 for the late payment of any invoice. Late payment means more than 7 days after the date of the invoice. Furthermore, any part of an invoice, which remains unpaid shall carry interest at the rate of 4% over the base rate until payment is made.
- Payment is to be made by either credit or debit card, or BACS.
- You will be sent an invoice for payment within seven days of the work completion. Failure to make payment within specific time periods as outlined within the quotation and/or the Terms and Conditions, will instigate legal proceedings to commence. These will carried by a registered Legal firm and all proceedings will be governed in accordance with English Law.
- Where work is not carried out under a quotation, the Customer agrees to pay us the labour fee for the supply of Services at the hourly rate. In addition to the fee for labour, East Dulwich Plumber will charge the customer for parking, materials, congestion charges and any other expenses or purchases required to carry out the Service.
- Once work is begun, if it becomes clear that further unforeseeable work is required in order to complete the project, the company will make all efforts to contact the customer to advise of the extra costs of this work. If the customer is non-contactable, the company will continue with the work only on the basis that in stopping the work, it would hold the job up and prevent a timely completion.
- Any materials supplied, including boilers, are subject to their own manufacturer’s warranty and guarantee. You agree that we are not liable for the installation of any faulty items where it was not reasonably apparent that the item was faulty before installation. If an item is faulty at installation or becomes faulty after installation, you agree to contact the manufacturer direct and claim under the manufacturer’s warranty and guarantee.
- Title in the goods will not pass to the customer but shall be retained pending payment in full of the price. Until such time as title passes to the customer, the company shall have an absolute authority to repossess, sell or otherwise deal with or dispose of all or any part of the goods in which title remains vested in them.
- For the purposes specified above, the company or any of their contractors or authorised representatives shall be entitled at any reasonable time during normal working hours to enter without notice onto any premises where the goods or any part of the goods are installed, stored or kept or are reasonably believed to be. The company shall also be entitled to seek an injunction to prevent the customer from selling, transferring or otherwise disposing of the goods.
- If the customer cancels their instructions prior to any work being carried out or materials supplied then the customer shall be liable for any related expenditure that would have been made by the company, which has already been carried out &/or materials supplied in accordance with such instructions.
- Following the customer’s acceptance of our quote, in accordance with terms above and in conjunction with the “Cancellation of Contracts made in a Consumers Home or Place of Work Regulations 2008 you are entitled to a 14 day cooling off period commencing from the date of the contract. You have a right to cancel the contract within this period (not if works have commenced however) and this right can be exercised by delivering, or sending (including by electronic mail) cancellation notice to East Dulwich Plumber, 38 Ashbourne Grove, London SE22 8RL or email to office@eastdulwichplumber or email@example.com at any time within the 14 days starting with the day of the quote to notice in writing of the right to cancel the contract. We will permit you to cancel the contract by sending the written notice no later than 14 days after the date on which acceptance of the works took place. If you request cancellation at a later date, then unless we are in breach of contract we have the right to refuse or retain all or part of you deposit
- The company accepts no responsibility for any existing work that is present. This relates in particular but not only to any pipework, radiators and radiator valves, heating valves, pumps, shower pumps, electrical controls and/or bathroom / WC services that might be affected. The change to a higher pressure rated system and power flushing can cause leaks in components that the company will not be liable for.
- Where the company needs to connect new equipment to your existing plumbing or heating system, it will not accept liability for the cost of repairing or replacing parts of your existing system, which subsequently develops faults. In certain situations the company may charge for visits made to your home by the company if your system is faulty or has developed a fault after the work has been conducted. The company will not accept liability where your central heating system does not function properly because your water supply becomes inadequate or the water pressure becomes invariable.
- The Contractor will not be liable for any fracture found in frozen pipes attended by the Contractor. The Contractor cannot guarantee to clear blockages occurring in a frozen pipe or drain.
- Subject to the exclusions, our entire liability in respect of any breach of our contractual obligations and in respect of any tortious act or omission, including negligence, arising under or in connection with our Services shall be limited to the aggregate of all Fees paid to us by you for the provision of the Services up to the date of the event giving rise to such liability.
– We shall not be liable for the following loss or damage, howsoever caused and whether or not foreseeable:-
– loss of profits, business or revenue, whether suffered by you or any other person;
– special, indirect, incidental or consequential loss, whether suffered by you or any other person;
any losses arising by reason of any events or other matters beyond our reasonable control preventing the performance by us of any obligation under these Terms, provided that we shall use all reasonable endeavours to eliminate or overcome any of such causes and to resume performance of our obligations with all possible speed;
– any losses resulting from your failure to comply with any recommendations made by us or from any defects in your premises, fixtures and fittings, equipment, installations and goods; and
– any losses resulting from any act or default on the part of the personnel supplying the Services that arises from matters outside the scope of our duties under these Terms.
- Nothing in these Terms shall purport to exclude or restrict our liability for death or personal injury resulting directly from our negligence in carrying out the Services
- The warranty for a part/boiler brought from a retailer will be covered by the manufacturers as agreed in the quotation. The warranty only applies to the part/boiler. It does not apply to any existing parts of the system. All other works carried out by the company (labour) are guaranteed for 12 months. However, any existing components or pipework not changed are not included within this guarantee. Furthermore, all boilers need to be serviced annually to remain under warranty.
- If the warranty becomes void due to the appliance not being serviced, then the company accepts no responsibility for this. We will contact our clients to remind them to have it serviced, but the responsibility of having it done lies with the customer.
- The company accepts no liability for the removal of any carpets, lino and special types of flooring, eg. tongue and grooved, parquet, hard wood or tiled floors in order to carry out the work, accept in circumstances where the company has been negligent.
- Home Damage The company will take all reasonable care to carry out the work. However, you accept that the work including removing or destroying existing fixtures or fittings may cause damage to your decorations and fittings in your home. This provision does not exclude the company’s responsibility for damage, which is beyond which is reasonably commensurate with the work. It is anticipated that certain areas in your home may need redecoration following completion of the work. This will be your responsibility and is not included in the price.
- Where the Company agrees to carry out works on installations of inferior quality or over ten 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.
- The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null & void if the work/appliance completed/supplied by the company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than East Dulwich Plumber. East Dulwich Plumber will accept no liability for, or guarantee suitability, materials supplied by East Dulwich Plumber & will accept no liability for any consequential damage or fault.
- The company will not guarantee any work in respect of blockages in waste & drainage systems etc.
- East Dulwich Plumber will not guarantee any work undertaken on instruction from the customer & against the written or verbal advice of the operative/engineer.
- 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.
- East Dulwich Plumber 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 the company either verbally or indicated in ticked boxes or in Comments/ Recommendations of any other related work, which requires attention.
- The customer shall be solely liable for any hazardous situation in respect of GAS SAFE Regulations or Gas Warning Notice issued.
- All free guarantee work will be carried out during normal working hours.
- Where attendance of the companies contractor is needed for any purpose other than a scheduled maintenance visit or for the company to meet its guarantees as per above clause, a charge for such attendance will be made. This will need to be paid on the day of the engineers visit. If on attendance to your premises by the companies contractor it is established that the fault on the system is covered by your free guarantee and does not concern your existing system, any monies paid by you will be refunded.
- If, after East Dulwich Plumber shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 12 months to East Dulwich Plumber & shall afford East Dulwich Plumber, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify East Dulwich Plumber as aforesaid then East Dulwich Plumber shall not be liable in respect of any defects in the works carried out.
- In the event of any alleged minor defects the customer shall not be entitled to withhold more than 5% or £250 (whichever is greater) of the balance due.
- Once the company has corrected the minor defect as outlined in clause 20, the withheld amount, 5% or £250 must be paid in full.
- Unless agreed in writing between the parties, the customer will be responsible for the removal from site all waste materials resulting from the work undertaken by the Contractor.
- Any notice to be given by either party to the other may be sent by either email or post to the address of the other party or such other address as such part may from time to time have communicated to the other in writing. If the notice is sent by email, it will be assumed to be received on the day. If post was used, it shall be deemed to be served three days following the date of posting.
- These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & 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 contact with the Company the Customer agrees
- English Law shall govern these Terms and the parties submit to the exclusive jurisdiction of the English courts.
- Nothing in these conditions will reduce your statutory rights relating to faulty or mis-described goods.