Terms & Conditions
1. For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Business” shall mean AWB Plumbing & Heating Services.
(b) “The Customer” shall mean the person or organisation for whom the Business agrees to carry out works &/or supply materials.
(c) “The Operative” or “The Engineer” shall mean the representative appointed by the Business.
2. The Business reserves the right to refuse or decline work at its own discretion. Where The Business agrees to carry out works for the Customer those works shall be undertaken by the Engineer at The Businesses absolute discretion.
3. The total charge to the Customer shall consist of the cost of materials supplied by The Business and the amount of time spent by the Engineer In carrying out works (including all reasonable time spent in obtaining un- stocked materials) charged in accordance with The Business’s current rates.
4. 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 Business, via the appropriate documentation, 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
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
5. The Business 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. The Business shall not be bound by any estimates given orally or in which manifest errors occur.
6. The Customer may be required to pay for the materials up front. This will be agreed between The Business and the Customer when the job is confirmed.
7. On completion of all works an invoice will be submitted to the Customer. Invoices are due for payment immediately upon delivery to the Customer.
8. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% per month until payment in full is received by The Business.
9. Failure to complete payment in the specified timescales may invalidate warranties and guarantees on labour and materials.
10. Where the date and/or time for works to be carried out is agreed by The Business with the Customer, then The Business shall use its best endeavors to ensure that the Engineer shall attend on the date and at the time agreed. However, The Business 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.
11. The Customer has the right to cancel the contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day The Customer agrees the contract in writing. If the Customer cancels their instructions after the 14 days has expired but prior to any work being carried out or materials supplied then the Customer shall be liable for the cost of any materials supplied in accordance with such instructions.
12. If the job is deemed an emergency by The Customer, or if The Customer instructs The Company to start the job before the 14 day cancellation period has expired, the cancellation period would then be invalid and wavered by The Customer.
13. If, after The Business has carried out the works, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 1 month to The Business and shall afford The Business, 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 Business as aforesaid then The Business shall not be liable in respect of any defects in the works carried out.
14. The Guarantee shall be for labour only in respect of faulty workmanship for 6 months from the date of completion. The Guarantee will become null and void if the work/appliance completed/supplied by The Business is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by anyone other than a Company operative. The Business will accept no liability for, or guarantee suitability; materials supplied by the Customer and will accept no liability for any consequential damage or fault.
15. The Business will not guarantee any work in respect of blockages in waste and drainage systems etc.
The Business will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the Engineer.
Work is guaranteed only in respect of work directly undertaken by The Business and payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by The Business will not be guaranteed.
The Business shall not be held liable or responsible for any damage or defect resulting from work not fully guaranteed or where recommended work has not been carried out. Work will not carry a guarantee where the customer has been notified by the operative of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Safe Regulations or Gas Warning Notice issued.
16. Where The Business 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 and The Business accepts no liability in respect of the effectiveness of such works or otherwise.
17. Engineers operate under their own Gas Safe Registration and as such are solely responsible for any Gas related work and subsequent liability.
18. The Business shall be entitled to fully recover costs or damages from any Engineer whose negligence or faulty workmanship results in The Business being made liable for those damages or rectification of the work.
19. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of The Business and by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to The Business; by entering into a contract with The Business the Customer agrees irrevocably to waive the application of any such terms and conditions.
20. Title to any goods, supplied by The Business to the Customer shall not pass to the Customer but shall be retained by The Business until payment in full for such goods has been made by the Customer to The Business.
Until such time as title in the such goods has passed to the Customer:
(i) The Business 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 Business,
(ii) for the purpose specified in (i) above, The Business 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.
(iii) The Business shall be entitled to seek a court injunction to prevent the Customer from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has passed to the Customer, the Customer shall insure such goods to their replacement value and the Customer shall forthwith, upon request, provide The Business with a certificate or other evidence of such insurance.
21. The Business 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 and The Business shall be entitled to a reasonable extension of the time for performing such obligations.
22. The Business shall only be liable for rectifying works completed by The Business and shall not be held responsible for ensuing damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
23. These terms and conditions and all contracts awarded between The Business and Customer shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English law.