1) Parties
- “Client” shall mean the Client whose name and details appear in the Agreement to which these terms are a Schedule.
- “Contractor” shall mean Plumbing, Heating & Property Services Limited T/A PHP Services 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 PHP Services without an estimate.
2) General
2.1 – All estimates given by the Contractor and all orders and instructions given by the Client 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 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.
3) Estimates (does not apply to fixed quotes)
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by the Contractor at any time before the receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 28 days from their date.
Subject to clause 5 below, the price payable by the Client is calculated as specified in paragraph 3.
5.1 Where work is not carried out under an Estimate, the Client agrees to pay us the labour fee for the supply of Services at the rate shown in the PHP Services scale of charges which can be supplied on request. In addition to the fee for labour, PHP Services will charge the client for parking, materials, congestion charges and any other expenses or purchases required to carry out the Service.
The Client will be required to pay a sum equal to 50% of the Estimate prior to work commencing by debit card (or credit card with a 3% surcharge). Once work has commenced, a sum equal to 25% will be deducted from the supplied card on the agreed date. At the end of the project, an invoice will be raised equal to the final 25% plus any additional work and extras. Payment will be taken on your card on 5 working days after the invoice has been sent to you unless we are advised to the alternative. The Contractor reserves the right to charge an administration fee of £25 for the late payment of any invoice. Late payment means more than 7 days after the date of the invoice. 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.
Until such time as title in the such goods has passed to the Customer:
(a) 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,
(b) for the purpose specified in (a) 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.
(c) the Company shall be entitled to seek a court injunction to prevent the Client from sale or transfer to another party, or otherwise disposing of such goods.
8.1 – 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 12 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.
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 the Contractors employee.
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.
The Contractor will 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.
– 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
9.1 – We warrant that we will provide the Services with reasonable care and skill.
The Contractor will use all reasonable endeavours to carry out the works on the agreed times and dates but shall not be under any liability to the Client if it should be either impossible or impracticable to carry out the work at the agreed time 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.
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.
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.
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.
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.
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.
English Law shall govern these Terms and the parties submit to the exclusive jurisdiction of the English courts.