For the purpose of these terms and conditions the following words shall have the following meanings:
(a) “The Company” shall mean Aqua Plumbing & Heating Services Limited.
(b) “The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
(c) “The Operative” or “Engineer” shall mean the representative appointed by the Company.
HOURLY RATE WORK. The total charge to the Customer will consist of the cost of materials supplied by the Company with a net handling margin of 15% and the amount of time spent by the Operative in carrying out the works (including all reasonable time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Customer shall only be charged for the time spent related to the Customer’s work. All charges are subject to VAT at the prevailing rate.
Quoted work shall be given as a fixed price including Labour and Materials, any adjustment needed to our quote due to extra work having been asked for, will be requoted and issued to Customer before the extra work is carried out.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum and reasonable
(b) Only one Engineer will leave the job to collect parts.
Invoices are due for payment immediately on Customer’s receipt of invoice. Unless otherwise stipulated on the individual quote.
Our company will always intend to carry out the work on the date booked, if on very rare occasions this has to be changed, we will advise the client of this change with as much notice as possible.
The Customer shall accept sole liability to pay the Company’s invoice on completion of the work carried out.
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 i.e re stocking charges.
If, after the Company has 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 the Company and shall inform the Company, affording the company opportunity to both inspect the work and carry out any necessary remedial works if appropriate. The Customer accepts that if he/she fails to notify the Company as above, then the Company shall not be liable in respect of any defects in the works carried out.
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. The Guarantee will become null and 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 member of staff.
The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
The Company will not guarantee any work in respect of blockages in waste and drainage systems that the Company have not worked on.
The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Operative/Engineer.
Work is guaranteed only in respect of work directly undertaken by the Company and 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 Customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued to the Customer.
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:
(i) the Company 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 Company,
(ii) for the purpose specified in (i) above, the Company or any of its agents or authorised representatives shall be entitled at any time and 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.
(iii) 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 insure 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.
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.
The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
These terms and conditions and all contacts awarded between the Company and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.