Terms and Conditions and General Data Protection Regulations
1. For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Lacey Plumbing & Heating Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works &/or supply materials.
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 the designated operative of Company at its absolute discretion.
3. ALL WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials. All costs are including VAT at the prevailing rate.
4. The Company shall not be under any obligation to provide a quotation to the Customer & shall only be bound (subject as hereinafter) by quotations given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any quotations given orally or in which manifest errors occur.
5. Material Collection.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & reasonable.
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
(d) Only one engineer is allowed to leave the job to collect parts. (e) The collection of materials which should be normally stocked items is nonchargeable.
For boiler and bathroom work we ask for a payment of 50% on confirmation of a start date for your work. The remaining 50% is then due immediately upon completion of work. Invoices are due for immediate payment unless otherwise stated on the invoice. Any part of that invoice which remains unpaid shall carry interest at the rate of 3% over the base rate of the Bank of England from time to time until payment in full is received by the Company.
7. Where the date &/or time for works to be carried out is agreed by the Company with the Customer, then the Company shall use reasonable endeavours to ensure that the operative shall attend on the date & at the time agreed. However, the Company accepts no liability in respect of the non-attendance or late attendance on site of the operative/engineer or for the late or non-delivery of materials.
8. The Customer shall accept sole liability to discharge the Company’s account 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) and when receiving a written estimate the name of the third party appears on that estimate.
9. 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 together with the profit that would have been made by the Company had the work been carried out &/or materials supplied in accordance with such instructions.
10. If, after the Company shall have carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing to the Company & shall afford the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate.
11. Our Guarantee
The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force, unless otherwise confirmed in writing by us. This does not cover any labour for replacing items that have failed due to a manufacturing defect. If the items are within the manufacturer’s warranty they will be replaced free of charge by the manufacturer but there will be a charge to cover our labour costs.
12. 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 a Company operative. The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer & will accept no liability for any consequential damage or fault.
13. The Company will not guarantee any work in respect of blockages in waste & drainage systems etc.
We will not undertake any work which is 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. The Company 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 operative either verbally or indicated in our paperwork 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 and advised by our Operatives. The Company will only be responsible for damage caused by the Company or Company Operatives negligence.
14. 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 Company will only be responsible for damage caused by the Company or Company Operatives negligence.
15. Where the Company carries out work on existing heating systems the system will be tested for leaks on completion of works but the Company will not be responsible for subsequent leaks that occur on existing pipework. The Company will only be responsible for damage caused by the Company or Company Operatives negligence.
16. Engineers operate under the companies Gas Safe Registration the Company is responsible for any Gas related work & subsequent liability and are responsible for keeping their gas safe knowledge up to date. The Company will provide the engineers with access to gas safe knowledge and training.
17. These terms & conditions may not be released, discharged, 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 contract with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
18. Title to any goods, supplied by the Company to the Customer shall not pass to the Customer but shall be retained by the Company until payment in full for such goods has been made by the Customer to the Company.
Until such time as title in the such goods has passed to the Customer:
the Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall ensure such goods to their replacement value and the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
19. 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 its reasonable control, and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
20. The Company shall only be liable for rectifying works completed by the Company.
21. These terms & conditions & all contacts awarded between the Company and Customer shall be governed & construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English courts.
22. A waiver of any right under this agreement or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
23. Except as set out in these conditions, no variation of this agreement, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by the Company.
24. Complaints – Where we cannot resolve a complaint using our own complaints procedure, as a Which? Trusted Trader we use Dispute Resolution Ombudsman for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact 0330 241 3209 or via their website http://www.disputeresolutionombudsman.org/which-trusted-traders-partnership.
General Data Protection Regulations
As part of our contract with you we will remind you every year that your gas appliances require a service or gas safety check. This is especially relevant to boilers as it a requirement for your manufacturer’s warranty.
We would also like to tell you about special offers and any other relevant news.