PLUMBGAS SERVICES LIMITED: TERMS & CONDITIONS
For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean Plumbgas Services 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.
1. 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.
2. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (potential discretionary 7.5%-15% supply fee) & the amount of time spent by the operative in carrying out works (including all reasonable time spent in obtaining non stock 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 other time, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
3. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate should not exceed the actual time taken by more than 20% but may be revised in the following circumstances:— (i) if after submission of the estimate the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the estimate. (ii) if after submission of the estimate there is an increase in the price of materials. (iii) if after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
4. The Company shall not be under any obligation to provide an estimate to the Customer & shall only be bound (subject as hereinafter) by estimates given in writing to the Customer & signed by a duly authorised representative of the Company. The Company shall not be bound by any estimates 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) If the collection time is likely to exceed 45 minutes the customer must be additionally informed of the circumstances. (c) Only one engineer is allowed to leave the job to collect parts.
6. Invoices are due for payment immediately upon Job completion or invoice date. Any part of that invoice which remains unpaid after 14 days shall carry a 5% charge.
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 its best 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. If the Customer cancels scheduled quoted work 96 hours or later before it is to be carried out, the Customer shall be liable for any related materials 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.
9. During servicing of boilers and other appliances, the engineer can find small issues that is best sorted whilst visiting, to prevent further issues, once the customer has been informed and the engineer has a verbal agreement, work will go ahead at additional £20.00 Plus Vat.
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 within 12 months to the Company & shall an order the Company, and its insurers, the opportunity of both inspecting such works, & carrying out any necessary remedial works if appropriate. The Customer accepts that if he fails to notify the Company as aforesaid then the Company shall not be liable in respect of any defects in the works carried out.
11. The Guarantee shall be for labour only in respect of faulty workmanship for 24 months from the date of completion 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, if materials supplied by the Customer & will accept no liability for any consequential damage or fault.
12. The company will not guarantee any work in respect of blockages in waste & drainage systems etc. The company will not guarantee any work undertaken on instruction from the customer & 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.
13. 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.
14. Engineers operate under their own Gas Safe Registration & as such are solely responsible for any Gas related work & subsequent liability.
15. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
16. 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 & 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, transferred or otherwise disposing of such goods. Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, & until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value & the Customer shall forthwith, upon request, provide the Company with a certificate or other evidence of such Insurance.
17. 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, & the Company shall be entitled to a reasonable extension of the time for performing such obligations.
18. The Company shall only be liable for rectifying works completed by the Company & shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested & not undertaken at that time
19. These terms & conditions & all contacts awarded between the Company & Customer shall be governed & construed in accordance with English law & shall be subject to the exclusive jurisdiction of the English law.