Terms & Conditions
1. INTERPRETATION
In these Terms and Conditions (Terms), the following words and phrases shall have the following meanings:
“You/Your” means the person who purchases and/or receives Services from Us:
“Contract” means the contract between PERKINS PLUMBING and You which shall be deemed to incorporate these Terms and the terms on any individual quotation You may receive;
“Services” means the Services, including any parts and materials, detailed in the quotation to be supplied by PERKINS PLUMBING to You;
“Order” means the quotation and Terms provided by PERKINS PLUMBING and signed and returned by You describing the Services requested by you and accepted by PERKINS PLUMBING and detailing the estimated price to be paid and estimated timescales for delivery of the Services.
2. THE CONTRACT
The Contract shall be on these Terms, incorporating the terms on any individual quotation You may receive, to the exclusion of all other terms and conditions. If any conflict arises between these Terms and any Terms of the quotation the Terms of the quotation shall prevail.
The Contract will commence when you sign and return your quotation together with these Terms and shall terminate upon delivery of the Services or as otherwise detailed in accordance with these Terms.
3. THE SERVICE
PERKINS PLUMBING will provide plumbing and heating services which may include without limit; heating system installations, repairs, health checks and where required supply of materials on dates and at locations as are more specifically defined and confirmed within your Order.
All times and dates are estimates only and may vary as a result of, without limit, the availability of suppliers/sub-contractors.
4. RESPONSIBILITIES
You are responsible for:
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Ensuring Your instructions to Us are clear.
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Ensuring we have access to the site and to power/water on the dates indicated in the Order and any others as may be advised from time to time.
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Notifying Us of any special requirements or alterations to the original quotation you may have.
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Notifying Us of any special considerations your property may have.
PERKINS PLUMBING are responsible for:
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Informing you of the progress of the delivery of Your Services.
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Delivering the Services with all reasonable skill and care, and in full compliance of relevant established current professional standards and safety requirements.
5. RISK AND OWNERSHIP OF MATERIALS AND/OR PARTS.
PERKINS PLUMBING will retain ownership of any materials and parts added to or replaced as part of the Services until PERKINS PLUMBING have received in full in cleared funds all sums due to PERKINS PLUMBING in respect of the Services and all other sums which are or may become due to PERKINS PLUMBING from You on any account. Until ownership of such materials and parts has passed to You, You will be responsible for ensuring they remain in satisfactory condition and fully insured.
6. WARRANTY
PERKINS PLUMBING will warrant that the Services are of satisfactory quality for a period of 3 months from delivery of the Services, save that PERKINS PLUMBING will not be liable for any claims under this Warranty where the parts/systems to which this warranty relates are found to have been used and/or maintained other than in accordance with the guidelines of either PERKINS PLUMBING or the manufacturer or misused in any way, or where any faults are as a result of general wear and tear or the failure or inadequacy of works carried out on the system or premises within which it is housed either prior to or subsequent to the provision of the PERKINS PLUMBING Services or where we have advised You that Your system is of a non-standard configuration which materially affects the Services delivered. In all cases the warranty does not cover the labour involved in correcting any faults save were a fault has arisen as a result of the negligence of PERKINS PLUMBING.
If you wish to make a claim under this warranty, please notify PERKINS PLUMBING immediately in writing enclosing the original Order/invoice.
Please note that where we are requested to return to your premises to repair/replace items under this warranty which are subsequently found not to be faulty or the faults in which are not as a result of an action or inaction of PERKINS PLUMBING we will charge a call out fee and labour charges at our then current rates.
7. PRICE AND PAYMENT
The price for the Services will be set out in the Order.
The price for the Services is exclusive of any taxes applicable at the time of invoicing. PERKINS PLUMBING is not VAT registered at this time.
Payment for any materials that we do not carry in stock and that are required as part of the Order will be payable in advance and within 7 days of placement of the Order.
Payment for the labour elements of the Order will be required within 14 days of receipt of an invoice unless otherwise stated in the Order.
Payment must be made by cash, cheque, payable to “Perkins Plumbing” or via bank transfer to bank account number (removed) sort code number (removed)
All payments must be in pounds sterling.
Once an Order has been placed the cancellation terms contained below apply.
8. LIMITATION OF LIABILITY
Neither party shall have any liability for any indirect or consequential losses or expenses, including but not limited to loss of or damage to anticipated profits, contracts, reputation, goodwill, labour costs or losses or expenses arising from 3rd party claims.
Notwithstanding the above clause and save in the case of death or personal injury caused by the negligence of PERKINS PLUMBING, for which PERKINS PLUMBING’s liability shall be unlimited, PERKINS PLUMBING liability under this agreement shall be limited to the price paid by You for the Services and in the case of any Warranty claims to the price of the individual element of the Services to which the claim relates.
9. CANCELLATION
If You have to cancel an Order You have placed the following terms apply:
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The charges for any Services already commenced will be payable immediately.
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In relation to materials ordered on your behalf that have not been used you will be entitled to a refund commensurate with that obtained by Us from the supplier minus 10% to cover Our administrative costs.
All cancellation requests must be received and agreed in writing by Us.
The date on which the letter or fax is received by PERKINS PLUMBING will be deemed as the date the request has been made.
10. FORCE MAJEURE
If either party is subject to an event of Force Majeure, that is circumstances outside its reasonable control, including but not limited to war, fire, industrial disputes or civil commotion, it shall notify the other and the first party’s obligations under these Terms shall be suspended until it notifies the other party of the end of such event of Force Majeure.
11. GENERAL
If any part of these Terms is found to be void or unenforceable by any Court of competent jurisdiction, such part shall be severed from these Terms which will otherwise remain in full force and effect.
You may not vary this agreement unless it is specifically agreed in writing and signed by Us. PERKINS PLUMBING may vary this Agreement by notifying You in writing of the proposed variation, such variation will be deemed accepted if PERKINS PLUMBING does not receive a response from You within 15 days.
These Terms shall be governed by and interpreted according to English Law and the parties submit to the exclusive jurisdiction of the English Courts.
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