Service Terms & Conditions

1. In these terms and conditions (“the Terms”) the following definitions apply: “Customer” means the person or firm for whom the Works are to be carried out by FD Plumbing & Heating; “Company” means FD Plumbing & Heating Ltd, registered in England and Wales with company number 8215128 or, as the case may be, a qualified subcontractor to whom the Services have been assigned; “Contract” means the agreement between the Customer and the Company for the supply of services in accordance with these Terms, including the form to which these Terms are annexed (“Job Sheet”); “Works” means the services described in the Company’s estimate and/or as referred to in the Company’s Job Sheet or any other document or email issued by the Company, as may be varied by agreement in writing between the parties. For the purposes of these terms, “in writing”/“written” includes email.  

2.1 All estimates given by the Company, all orders and instructions given by the Customer, and all work authorisations are governed by these terms. They supersede any other terms appearing elsewhere and override 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, except where these terms are a schedule to a signed Agreement between the Customer and the Company, in which event these terms apply only to the extent not inconsistent with that Agreement.  

2.2 The Customer acknowledges that the Company has not made any representations (other than any expressly stated in the Contract and/or in the Company’s estimate) which have induced it to enter into the Contract and the Contract shall constitute the entire understanding between the Customer and the Company for the performance of the Works (and detailed in paragraph 4 below).  

2.3 No modification to the Contract shall be effective unless made by an express written agreement between the parties. The signing on behalf of the Company of any documentation of the Customer shall not imply any modification of the Contract.  

2.4 Nothing in this Contract is intended to confer on any person any right to enforce any term which that person would not have but for The Contracts (Rights of Third Parties) Act 1999. Accordingly, a person who is not a party to this Contract shall have no rights under that Act to enforce any of its terms, but this does not affect any right or remedy of such person which exists or is available apart from that Act.  

  

3.1 Unless the Company provides the Customer with an estimate which is accepted by the Customer in accordance with its terms, all Works will be charged on the basis of the Company’s standard Rate Card applicable at the time the Works are carried out. 

3.2 The Company’s standard Rate Card is available for inspection on the Company’s website (www.fdplumbing.co.uk). There is a minimum charge of one hour. Subject to that, charges are made by the half hour, rounded up to the next half hour.   

3.3 Any estimate by the Company is subject to withdrawal by the Company at any time before receipt of an unqualified acceptance from the Customer and shall be deemed to be withdrawn unless so accepted within 28 days from its date.  

3.4 The Company shall not be beholden by oral estimates, or by advice that the Customer claims to have received by telephone. Only a formal written estimate, submitted on the Company’s letterhead, shall be binding, when accepted in accordance with its terms, except as follows:  

3.4.1 an estimate is based on the information made available to the Company by the Customer. If during the conduct of the Works it becomes apparent to the Company that that information was either incorrect or insufficient in any respect that the Company considers to be material, the Company reserves the right to inform the Customer and to increase the estimated price to take account of the revised information, 

3.4.2 if, prior to carrying out the Works, there is an increase to the Company in the cost of any relevant materials, equipment hire or transport since the date upon which the Company’s estimate, written or oral, was provided, the Company reserves the right to inform the Customer and to provide a revised estimate incorporating that increase. In this event, the revised estimate will apply unless the Customer cancels the Contract before the Works are begun or, if earlier, within 48 hours of the revised estimate being provided, 

3.4.3 if the Customer instructs the Company to carry out additional works not referred to in the estimate, 

3.4.4 if it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared, and  

3.4.5 if it is found that a manifest error was made with the estimate. 

3.5 For materials that are not carried as part of the Company’s standard van stock, the Company reserves the right to charge for the collection of materials, parts and equipment from any supplier. If the collection of said materials takes place whilst the Company is on site, the time taken for this will be treated as part of the Works and charged at the applicable rate. If materials are ordered for subsequent collection and delivery, the Company will make a charge of £40 plus VAT to the Customer to offset its time and travel expenses. Where an item is not easily sourced or generally held by the major suppliers used by the Company and it considers that significant time will need to be spent tracing and then collecting it, the Company will inform the Customer in advance and, unless the Customer sources the item itself, this will be charged on a time basis as per the Company’s standard Rate Card. It should be noted that this is an infrequent occurrence. 

  

4. All descriptions, illustrations etc. contained in any catalogues, price lists or advertisements, or otherwise communicated to the Customer, are intended merely to present a general idea of the Works and nothing contained in any of them shall form a part of the Contract.  

  

5.1 The price payable by the Customer is calculated as specified in paragraph 3 above. Unless otherwise stated, the price and all estimates provided by the Company are shown exclusive of Value Added Tax which will be payable in addition where properly chargeable.  

5.2 If the Works involve a diagnostic process to ascertain the cause or source of a fault or breakdown and during that process an item is ascertained by the Company to be faulty and is replaced, the Customer will be liable to pay for that replacement even if the breakdown was caused in whole or in part by a different fault.   

6.1 At the Company’s reasonable discretion, the Customer will be treated as either an Account Customer or a Non-Account Customer. 

6.1.1 Payment by Non-Account Customers is due on completion of the Works. Payment must be made on such completion.  

6.1.2 the Company will submit invoices to Account Customers within 14 days of completion of the Works and, subject to paragraph 8 below, payment must be made by the Customer within 30 days after the date of issue of the invoice.  

6.2 Where the Customer is represented by a third party (such as a managing agent, tenant or other occupier, contractor or other representative), in the event of non-payment by the Customer, the third party will be responsible for payment unless the Company has agreed otherwise in writing.  

6.3 The Company shall be entitled to interest on a daily basis on any amount not paid on the due date for payment from such due date until payment in full at 4% above the Bank of England base rate at the relevant time.  

6.4 The Company shall not be required to issue or deliver any certificates, guarantees or other similar documents regarding the Works until payment has been made in full.  

6.5 Title in all parts and other goods supplied by the Company shall not pass to the Customer until payment for the Works has been made in full.  

  

7. Dates specified for the commencement and completion of the Works are estimates only. The Company shall use all reasonable endeavours to ensure that it will attend on the date and time agreed. However, it accepts no liability in respect of non-attendance or late attendance on site or for the late or non-delivery of materials. Time shall not be of the essence of the Contract except as provided in paragraph 16 below.  

8. The Customer shall inspect the Works as far as it is reasonably possible to do so immediately upon their completion (though failure to countersign the relevant Job Sheet shall not imply rejection of the Works) and if it considers that the Works or any part thereof are not in accordance with the Contract, it shall within 7 days from the date of inspection give detailed notice in writing 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.   

9. 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.  

  

10. 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. 

11. The Company’s liability shall be limited to:  

11.1 the repair or making good of any defect pursuant to its undertaking in paragraph 13 below and subject always to paragraph 8 above;  

11.2 liability for death or personal injury resulting from negligence in the course of carrying out the Company’s duties, and  

11.3 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. The Company will not be responsible for damage suffered to a part of the Customer’s property (whether or not the Company is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property. 

  

12. It is the responsibility of the Customer to obtain all permits, licences and other consents in connection with the Works unless the Company agrees otherwise in writing. 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 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 3.3 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 loss or damage 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.  

13. Subject to paragraph 8 above and the exclusions listed below, the Company undertakes to repair or make good any defect in completed work which appears within 90 days of completion of the same to the extent that such defect arises from a breach of the Company’s obligations under this Contract and provided that details of the defect are notified by the Customer to the Company in writing within such period and that the Company and its insurers are given the opportunity of inspecting the work and the alleged defect. 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 6 above. If the Company returns to the site at the Customer’s 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 3 above. The Company reserves the right not to carry out any work under this paragraph 13 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:  

- Parts and materials will be provided only with the benefit of the manufacturer’s/supplier’s guarantee, and are not guaranteed by the Company.    

– 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, wilful act, or faulty workmanship by the Customer or anyone working for or under the direction of the Customer (other than the Company).    

– If the ‘Guarantees not applicable’ box on the front of the Job Sheet has been marked. 

– Where the system, installation or parts worked upon are aged 10 years or older, or the quality of the original installation is deemed to be poor. 

- Structural defects. 

- Damage to drainage systems caused by root penetration or any other outside force.    

– Force Majeure.  

  

14. The Company will use all reasonable endeavours 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.  

15. 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’s 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.  

  

16.1 If the Customer cancels the Contract without the Company’s consent other than pursuant to paragraph 3.4 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 6 above or to the cancellation charges pursuant to paragraph 16.2 below.  

16.2 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 if the cancellation is made less than 24 hours before the time scheduled for the appointment.  

  

17. 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.  

18. 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.  

  

19. 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.  

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