In these terms and conditions (which are referred to in this document as “these terms”), “Client” shall mean the Client whose name and details appear in the Agreement to which these terms are a Schedule and “Contractor” shall mean West London Plumbing Ltd. with whom the Client Contracts upon the following terms and conditions in respect of the services to be provided. “Services” shall mean the work carried out by West London Plumbing Ltd. without an estimate.
2.1 – All estimates or quotations provided by the Contractor and all orders and instructions given by the Client are governed by these terms. They replace any other terms appearing elsewhere and override and exclude any other terms stipulated or incorporated or referred to by the Client whether in the order or instructions or in any negotiations or in any course of dealing established between the Contractor and the Client except where these terms are a Schedule to the Agreement between the Client and the Contractor, in which event these terms apply only to the extent not inconsistent with that Agreement.
2.2 – The Client acknowledges that there are no representations outside these terms and those on the face of the Contractor’s estimate/quotation or work authorisation which have induced him to enter into any contract with the Contractor and these terms and those on the face of the Contractor’s estimate/quotation or work authorisation shall constitute the entire understanding for the performance of work (and detailed in paragraph 4 below).
2.3 – No modification to these terms shall be effective unless made by an express written agreement between the parties. The signing on behalf of the Contractor of any documentation of the Client shall not imply any modification of these terms.
3.1 – Estimates by the Contractor are subject to withdrawal by the Contractor at any time before the receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 14 days from the date displayed.
3.2 – Unless otherwise specified by the Contractor in the relevant estimate, estimates are not firm or fixed price quotations. They are estimates of the likely cost of the works and are based on the information made available to the Contractor. The Contractor’s final price will be calculated on the basis specified in the estimate, if any, or if none, in accordance with the Contractor’s standard labour rate plus the cost of materials, parking and congestion zone charge if applicable. Furthermore, the Contractor reserves the right to increase the price before carrying out the work by an amount equivalent to any increase to the Contractor in the cost of relevant materials since the date upon which the Contractor’s estimate, written or oral, was given, save that if this would increase the estimated price by more than 10%, the Client may cancel the contract provided he does so before the work is begun or any relevant materials are ordered. To cancel the contract the client will need to contact West London Plumbing Ltd. and once the contract is successfully cancelled the “Contractor” will send an email confirmation.
3.3 – Once work is begun, if it becomes evident that further unforeseeable work is required in order to complete the project, the engineer will make all efforts to contact the client to advise of the extra costs of this work. If the Client is non-contactable, the engineer 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. The client will be liable to settle any additional costs in full for unforeseeable works.
4) The Price
Subject to clause 5 below, the price payable by the Client is calculated as specified in paragraph 3.
5) Fees and Expenses
5.1 Where work is not carried out under an Estimate, the Client agrees to pay the “Contractor” the labour fee for the supply of Services at the rate shown on the West London Plumbing website. In addition to the fee for labour, West London Plumbing Ltd. will charge the client for parking, materials, congestion zone charge, administration fee and any other expenses or purchases required to carry out the Service. If materials are picked up from a supplier during the visit this time is chargeable to the client at the applicable hourly labour rate. Time spent collecting materials from a supplier will be capped at 1 hour.
5.2 Unless otherwise stated in writing by us, the Fee and all other prices and charges are exclusive of VAT and you shall pay VAT on all sums due to us at the applicable rate.
5.3 Save as otherwise agreed in writing between us, payment will be due immediately on the same day upon completion of works. Payment is accepted via debit card only and the client will be informed of this prior to the visit in writing. If the “Client” has an account with West London Plumbing Ltd. a monthly statement of account will be sent to the nominated email address provided and payment is accepted via bank transfer. Payment in this case will fall due either 7, 14 or 30 days from date on the invoice depending on the agreement between the “Client” and the “Contractor”.
5.4 – In default of payment by you of an invoice on the due date:-
5.4.1 – Interest shall accrue at the rate of 4% above the base rate from time to time of National Westminster Bank plc on any amount overdue from the date payment fell due until the date payment is made in full; and
5.4.2 – We shall, at our sole discretion and without prejudice to any other of our accrued rights, be entitled to suspend the Services without providing notice.
5.4.3 – The Contractor reserves the right to charge an administration fee of £100 for the late payment of any invoice. Late payment means more than 3 days after the due date on the invoice according to the payment terms.
5.4.4 – For Services (not including works carried out under an estimate or fixed price quotation) the “Contractor” requires at least 48 working hours’ notice of a cancelled appointment. If this is not given, a charge will be made to the client depending on the length of time allocated for carrying out the Service. This will be advised to the “Client” before the invoice is sent.
6) Payment of Estimates and projects
6.1) If the estimate or project is agreed and scheduled more than 3 days ahead of the planned start date a non-refundable 25% deposit will be required at the time of booking. Three days prior to the installation a further non-refundable 25% will be required.
6.2) If the estimate or project is agreed and scheduled less than three days before the planned start date a 50% non-refundable deposit will be required at the time of booking.
6.3) At the end of the project, an invoice will be raised equal to the final 50% plus any additional work, extras, parking and congestion zone charge if applicable. The final payment will automatically be deducted upon completion from the card provided.
6.4) Alternative payment arrangements may be requested by West London Plumbing Ltd. in certain circumstances. West London Plumbing Ltd. will inform the client before work commences.
6.5) If the “Client” is not going to be present at the property or premises during scheduled works payment will be required in full prior to works commencing. Additional payments e.g. Parking, congestion zone charge, additional materials, additional labour will be deducted from the card provided upon completion.
6.6) If the client takes out finance the “Contractor” will require a non-refundable deposit via card. If the client does not maintain the finance agreement with the finance company and cancels the agreement within the 14 day cooling off period the “Client” agrees to pay West London Plumbing Ltd. directly and immediately in full for any outstanding sums due, as well as a £100 late payment fee and interest accrued on sums due for the works undertaken in accordance with the Quotation. The boiler guarantee and registration of the new gas boiler installation will be registered 28 days after payment has been received in full.
6.7) The Contractor reserves the right to charge an administration fee of £100 for the late payment of any invoice. Late payment means more than 3 days after the due date on the invoice according to the payment terms. 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.
6.7.1 If the client has a new boiler installed the boiler guarantee and registration of the new gas boiler installation will be registered 28 days after payment has been received in full.
7) Work Guarantee
7.1 – If, after the Contractor shall have carried out works, the Client is not wholly satisfied with the works, then the Client shall give written notice in writing within 6 months to the Contractor and shall afford the Contractor, and its insurers, the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The Client accepts that if he fails to notify the Contractor as aforesaid then the Contractor shall not be liable in respect of any defects in the works carried out.
7.2 – The guarantee shall be for labour only in respect of faulty workmanship for 6 months from the date of completion with the manufacturer’s warranty/guarantee in force.
The guarantee will become null and void if the work carried out is:
(a) Subject to misuse or negligence
(b) Repaired, modified or tampered with by anyone other than a Contractor employee.
(c) The Contractor will accept no liability for, or guarantee, suitability, materials supplied by the Client and will accept no liability for any consequential damage or fault.
7.3 – The Contractor shall not guarantee any work in respect of powerflushing, blockages in waste and drainage systems, replacement tap washers or any other repair which could be considered to be of a temporary nature. When a powerflush is carried out the Client accepts and agrees that there is a remote chance that the Client’s original pipework and/or fittings may suffer leaks as a result of the cleansing process. The Contractor will repair any such leaks at an extra charge to the Client if and when they occur. The Contractor will endeavour to remove as much sludge and debris from the system but does not guarantee to remove all sludge and debris as it is not possible to bring the system back to its original state. Following a Powerflush West London Plumbing Ltd. do not guarantee that any circulation issues in the pipework or heating system will be solved. West London Plumbing Ltd. do not guarantee that a powerflush will resolve issues with radiators which do not heat up satisfactorily. Once the Powerflush is complete if there are still further issues with circulation or other issues within the heating system any investigation time, repairs, parts, parking and congestion zone charge if applicable will be fully chargeable to the client.
7.3.1- The Contractor shall not guarantee that airlocks in systems will not occur following works. Any time required to disperse airlocks is charged for additionally at the applicable labour hourly rate.
7.4- The Contractor shall not guarantee any work undertaken on instruction from the “Client” and against the written or verbal advice of the engineer. Work is guaranteed only in respect of work directly undertaken by the Contractor where payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Contractor will not be guaranteed.
7.5 – The Contractor does not guarantee existing plumbing, heating, drainage, equipment, valves and pipework or anything else existing in the property and/or premises.
7.5.1- Where a client requests existing basin, bath or kitchen taps to be replaced the Contractor does not provide a guarantee that when removing the existing taps (if seized) the basin, bath or sink will remain fully intact. If the basin, bath or sink is damaged during the works West London Plumbing Ltd. will not be held liable for replacing the affected items. West London Plumbing Ltd. will of course be happy to provide a cost to the client to replace the basin, bath or sink.
7.5.2- If an existing toilet has to be removed to carry out repairs the Contractor does not provide a guarantee that the existing toilet will remain fully intact. If the toilet is damaged during the works West London Plumbing Ltd. will of course be happy to provide a cost to the client to replace the toilet.
7.5.3- If an existing bath panel, shower tray or shower doors need to be removed to carry out repairs the Contractor does not provide a guarantee that the existing bath panel, shower tray or shower doors will remain fully intact. West London Plumbing Ltd. will of course be happy to provide a cost to the client to replace the affected items if necessary.
7.6- Where the Contractor agrees to carry out works on installations of an inferior quality or over 10 years old at that date, no warranty is given in respect of such works and the Contractor accepts no liability in respect of the effectiveness of such works or otherwise.
7.7 – Parts are covered under their respective manufacturers guarantee/warranty. If a part is faulty it is the clients responsibility to contact the manufacturer regarding replacement parts. West London Plumbing Ltd. will not be held liable if the manufacturer fails to provide a replacement part. West London Plumbing Ltd. do not provide free replacement parts for faulty parts. West London Plumbing charge for labour to replace faulty parts. Parking and congestion zone charge if applicable is also chargeable.
7.8 – When the Contractor carries out work to change a system from low pressure to high pressure, the Client accepts that there is a remote chance that the Client’s original pipe work may suffer leaks as a result of the change in pressure. Furthermore, there may be an effect on the ball valve of the WC, the cartridges of some showers and taps, the bedit and other existing appliances which the Client may need to be upgraded to cope with the pressure changes. The Contractor will provide the client with additional costs associated to upgrade and repair as necessary.
7.9 – A Plumbing/Heating/Drainage survey and Legionella Risk Assessment does not include investigation or diagnosis. This survey is carried out based on visual observations made at the time of the visit. No repairs or adjustments are carried out during the survey or risk assessment. We do not provide any guarantee for the existing plumbing, heating system or with the survey/risk assessment carried out. If we need to gain access through boxing/cupboards to inspect plumbing or heating for the purpose of the survey or risk assessment we will endeavour to put all back as found. However, we accept no responsibility for any remedial works or repairs if required after gaining access. West London Plumbing take no responsibly for the findings during the survey or recommendations made following the survey. If the client decides to proceed with recommended work following the survey an investigation appointment may be required before any new installations, upgrades, repairs or adjustments are made to the plumbing or heating system. Investigation is chargeable separately.
7.9.1- A boiler service is for maintenance purposes only and ensures that the Clients boiler manufacturer warranty and guarantee remains valid. A boiler service is not a diagnostic service and does not guarantee to solve any current problems being experienced with the boiler and heating system. West London Plumbing Ltd. will not be held liable for any problems the Client may experience with the existing boiler and heating system. A boiler service rate is a fixed rate for the boiler service only. If the boiler is not fully accessible, if a cupboard needs to be removed or any additional unexpected work needs to be carried out to be able to successfully carry out the boiler service this labour time will be chargeable separately at the applicable hourly rate. This cost will be in addition to the boiler service cost and is fully chargeable to the client.
7.9.2- If West London Plumbing Ltd. supply and install the Clients new boiler the Client must have the boiler serviced annually to ensure the manufacturers boiler guarantee/warranty remains valid.
7.9.3- The 10 Year Boiler Service Plan cost is £450+VAT and must be paid directly to West London Plumbing Ltd. in full to receive the discounted cost. Once paid in full this sum is non-refundable. When the annual service is due West London Plumbing Ltd. shall send an email reminder to the email address provided by the Customer. If West London Plumbing Ltd. does not receive a response a further email reminder will be sent. Please note that if the Customers email address changes they will be responsible to advise West London Plumbing Ltd. If West London Plumbing Ltd. has no response, they will not make another attempt for that particular service, but the Customer can contact West London Plumbing Ltd. at any time to arrange the annual service. West London Plumbing Ltd. accepts no liability if the annual service isn’t carried out within 12 months of the previous annual service and thus no responsibility if the manufactures warranty/guarantee becomes void due to no annual service being carried out. The boiler service under the Boiler Service Plan can only be carried out if the boiler is in satisfactory working order. If the customer books in the service when the boiler is not working satisfactorily the service cannot be carried out. If a return visit to carry out the boiler service is required this will be chargeable at the full applicable rate £85+VAT (2018 price). If, when the annual service is taken place, a fault is found to a component within the boiler, West London Plumbing Ltd. will advise the customer and the customer will need to contact the manufacturer (if the boiler is still within the manufacturers guarantee period). If the fault is deemed to be present in the central heating system itself, other gas appliances or the boiler is out of the manufacturers guarantee period West London Plumbing Ltd. will advise the customer and provide a cost for investigation and necessary repairs or replacement. A boiler service is not a diagnostic service and does not guarantee to solve issues with the boiler. Every 5 years the boiler will require a full strip down and it is vital that the seal is replaced during this. This will be an additional cost at the time of the visit of £90+VAT (this price includes strip down, labour and materials (2018 price). The boiler service plan can only be used to service the new boiler installed at the time the Boiler Service Plan was taken out. West London Plumbing Ltd. install new boilers with manufacturers. West London Plumbing Ltd. carry out the boiler service to the boiler only and there is no guarantee provided with a boiler service. West London Plumbing Ltd. do not provide a guarantee for any components in the existing heating system or anything else existing in the property.
7.9.4 – Boiler, cylinder and heating system investigation is a diagnostic service. The Contractors engineers can only investigate and diagnose if the issue is occurring and visible during the visit. If the issue doesn’t occur during the visit the visit will still be chargeable at the applicable rate. West London Plumbing Ltd. do not provide a guarantee to resolve the issue on the initial visit, investigation is required in the first instance and investigation is fully chargeable to the client. Boiler, cylinder and heating system parts are not stock items and may require ordering from a supplier or manufacturer. West London Plumbing Ltd. will not be held liable for any delays caused by the supplier or manufacturer in sourcing and delivering replacement parts. If during the investigation appointment or repairs appointment parts are replaced West London Plumbing Ltd. do not provide a guarantee that there will be no further/future issues or that no other parts/repairs will be required. West London Plumbing Ltd. does not guarantee the existing boiler, existing cylinder, any of the existing heating system or anything else existing in the property or premises. All investigation, parts, repairs parking or congestion zone charge if applicable will be fully chargeable to the client.
7.9.5- A Gas Safety Inspection fixed cost includes a boiler and hob only. Additional appliances are chargeable at £30+VAT per appliance. If remedial work is required this will be an additional cost. If a second gas safety inspection is required this will be chargeable at the applicable rate.
8) West London Plumbing Ltd. do not take responsibility for locating valves and equipment in properties or premises. It is the Clients responsibility to direct the engineer to the location of any valves and equipment. If the Client instructs the Contractor to investigate the location of the valves and equipment this time is chargeable according to the applicable labour rate. West London Plumbing Ltd. do not guarantee to be able to successfully locate valves and/or equipment. Following investigation and location of valves and/or equipment remedial and/or redecoration works may be required. Remedial works, redecoration or any repairs necessary will be an additional cost.
– Systems or structures which were not initially installed or fitted by a suitably qualified workman or fitted in an unprofessional manner
– Any recall arising from circumstances or factors known to the Client but not notified or disclosed to the Contractor prior to works being undertaken
9) Limitation on Liability
9.1 – We warrant that we will provide the Services with reasonable care and skill.
9.2 – Save as expressly provided in these Terms, all warranties, conditions or other terms implied by statute or by common law in connection with the supply of the Services are excluded to the fullest extent permitted by law.
9.3 – Subject to the provisions of Condition 9.6, 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.
9.4 – We shall not be liable for the following loss or damage, howsoever caused and whether or not foreseeable:-
9.4.1 – loss of profits, business or revenue, whether suffered by you or any other person;
9.4.2 – special, indirect, incidental or consequential loss, whether suffered by you or any other person;
9.4.3 – 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;
9.4.4 – 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
9.4.5 – 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.
9.5 – Where it is agreed between us that parts and materials are to be stored at a place nominated by you, this shall be at your own risk. You hereby agree to reimburse us in full for any losses we incur.
9.6 – Any parts and/or materials supplied, including boilers, are subject to their own manufacturer’s warranty/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/guarantee.
9.7 – 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
10) Homeowner & Landlord Care Plans
All Care Plans require a minimum contract term of 12 months. Care plans are payable by monthly direct debit on the same date every month at the agreed amount unless otherwise agreed. Additional works agreed or requested outside the Care Plan agreement are payable prior to the works commencing either by direct debit or debit card depending on the agreement with the client. Call outs included in the Care Plan include one hours labour to investigate and repairs if these can be carried out within the one hours labour time (where parts are not required). Where parts are required and a return visit is needed we will endeavour to carry out a temporary repair, however, we cannot fully guarantee that a temporary repair will be possible. Parts, additional labour, repairs, replacements, return visits, parking and congestion zone charge if applicable are not included within the Care Plan and will be an additional cost which will be deducted either via direct debit or debit card upon completion depending on the agreement with the client. If labour rate increases in the new financial year the price may increase slightly. The client will be informed beforehand. The purpose of the Care Plans is to provide discounts to loyal customers therefore West London Plumbing Ltd. will always endeavour to provide a competitive cost. Where the monthly direct debit or other payment for works carried out is not received in full on the agreed date the Care Plan Agreement and Service will be suspended with immediate effect until payment is received in full.
11) Force Majeure
The Contractor will use all reasonable endeavours to carry out the works on the agreed dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the work on the agreed date or dates, or at all by reason of strike, lock out industrial dispute, act of god or any other event or occurrence beyond the Contractor’s control.
12) Clients Liability
The Client 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 Client’s obligations under these terms.
– Providing all necessary power and a clean water supply for the Contractor’s use in the execution of the contracted work.
– The safety of both plant and machinery belonging to or hired in by the Contractor and to indemnify the Contractor against its loss, theft or damage.
13) Cancellation of work under an Estimate (Work valued over £1000)
Subject to paragraph 3.2 above, the Client may not cancel the contract without the Contractor’s consent which, if given, shall be deemed to be on the express condition that the Client shall indemnify the Contractor against all loss, damage, claims or actions arising out of such cancellation unless otherwise agreed in writing.
14) Removal of waste materials
Unless agreed in writing between the parties, the Client will be responsible for the removal from site all waste materials resulting from the work undertaken by the Contractor.
15) Frozen Pipes
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.
16) Waiver, Variation, etc
No waiver by the Contractor of any breach shall operate as a waiver of any preceding or subsequent breach. No variation shall be effective against the Contractor unless sanctioned in writing by the Contractor. No forbearance or delay on the Contractor’s part shall prejudice the Contractor’s rights and remedies under this Agreement.
In these terms words importing the masculine gender also included the neuter and feminine gender and words importing the singular number include also the plural number where the context so requires.
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 mailing was used, it shall be deemed to be served three days following the date of posting.
19) Calls may be recorded for training and monitoring purposes.