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 DP Heating 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 DP Heating.
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, take precedence over 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 the event of conflict between this Schedule and any subsequent agreement between Client and Contractor, this Schedule will take precedence
2.2 – The Client acknowledges that there are no representations outside these terms and those on the face of the Contractor’s estimate or Services 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 or Services authorisation shall constitute the entire understanding for the performance of Services (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 provided by the Client shall not supersede or constitute any revision 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by the Contractor at any time before the receipt of an unqualified acceptance from the Client and shall be deemed to be withdrawn unless so accepted within 14 days from their date.
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 Services and are based on the information made available to the Contractor and exclude any unforeseen costs. 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 day rate plus the cost of materials, overhead, profit and any costs associated with the provision of third party services, materials or plant, refer Appendix 1 Schedule of Rates. Furthermore, the Contractor reserves the right to increase the price before carrying out the Services 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 30%, the Client may cancel the contract provided he does so before the Services have commenced or prior to any materials being ordered.
3.3 – Upon commencement of Services , in the event that further unforeseeable Services are required in order to complete the project, Contractor will contact the client to advise of the extra costs of the additional Services, no further Services will be undertaken until such time agreement on additional costs where applicable are agreed. If the Client is non-contactable, Contractor will not proceed with the Services and shall be entitled to and extension of time for completion and subsequent additional costs which will be advised prior to undertaking any additional Services, In this instance Contractor will not be held liable for any delays to the schedule.
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 Services are completed in accordance with an Estimate, the Client agrees to pay Contractor the labour fee for the supply of Services at the rates detailed within Appendix 1. In addition to the fee for labour, Contractor will charge the client for parking, materials, congestion charges and any other associated expenses or purchases required to carry out the Services.
5.2 Save as otherwise agreed in writing between the Parties, we will take payment at the end of the Services.
5.3 – In default of payment by Client of an invoice on the due date:-
5.3.1 – 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
5.3.2 – Contractor, at its sole discretion and without prejudice to any other Contractor accrued rights, be entitled to suspend the Services for convenience. As a consequence of such Suspension, Contractor shall not be liable for any costs whatsoever, incurred to Client due to delayed completion of the Services.
5.3.3 – There is an administration charge of £25.00 for the late payment of any invoice. Late payment means more than 7 days after the date of the invoice.
5.3.4 – Contractor requires at least 24 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 or the Estimate. This will be advised to you before payment is taken.
6) Payment of Estimates and projects with a value of more than £1000.
The Client will be required to pay a sum equal to 50% of the Estimate prior to commencing the Services . Upon completion of the Services, an invoice will be raised equal to the final 50% of the Estimate, plus any additional work and extras. 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.
7) Work Guarantee
7.1 – Contractor warrants that the Services and materials will be fit for purpose as expressly stated in the estimate, materials will be brand new (N.B Boiler, Heating Controls and Radiators will be third party supply and thus excluded from Contractor direct Guarantee), without any defects and in compliance with all Laws and applicable standards and the other requirements of the Estimate for a period of twelve (12) months from completion of the Services.
If, after the Contractor shall having completed the Services, Client becomes aware of any defect associated with Contractor workmanship or defective materials (This excludes third party materials above)Client shall notify Contractor in writing within three (3) working days of the event occurring.
In the event that Client fails to give Contractor formal notice within three(3) working days of the event occurring, the Client accepts that Contractor shall be discharged of all liability associated with the defect.
7.2 – The guarantee shall be for labour and replacement materials supplied as part of the original Services only, in respect of faulty workmanship or replacement defective materials.
The guarantee will become null and void if the Services carried out have been:
(a) Subject to misuse or negligence by Client or any associated Third Parties.
(b) Repaired, modified or tampered with by anyone other than a Contractor 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.
7.3 – The Contractor shall not guarantee any Services in respect of power-flushes, blockages in waste and drainage systems, replacement tap washers or any other small fix which could be considered to be of a temporary nature, any costs associated with remedial Services required to repair existing Client pipework and anciliary equipment, following a power flush, will be to Client account.
The Contractor will not guarantee any Services undertaken on instruction from the Client and against the written or verbal advice of the Contractor. Services are 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, In this regard, Client accepts all liability for any consequential damage and costs.
7.4 – Where the Contractor agrees to carry out Services on installations of an inferior quality or over 10 years old at that date, no warranty is given in respect of such Services and the Contractor accepts no liability in respect of the effectiveness of such Services or otherwise.
7.5 – When the Contractor carries out Services to change a system from low pressure to high pressure, the Client accepts that there is a possibility that the Client’s original pipe work may suffer leaks as a result of the change in pressure. Also, there may be an effect on the ball valve of the w.c, the cartridges of some showers and taps which the Client may need to be upgraded to cope with the pressure changes. In this regard, Client accepts all liability for any consequential damage and costs. The Contractor will repair any such leaks and/or install new ball valves or cartridges at an extra charge to be agreed if and when necessary.
7.6 – If the Services include the requirement for 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, In this regard, Client accepts all liability for any consequential damage and costs. The Contractor will repair any such leaks at an extra charge to the Client if and when they occur
– Systems or structures which were not initially installed or fitted by a suitably qualified workman or in a defective manner or not in accordance with applicable standards
– Any recall arising from unforeseen circumstances or factors known to the Client but not notified or disclosed to the Contractor prior to Services being undertaken
8) Limitation on Liability
8.1 – We warrant that we will provide the Services with reasonable care and skill, which could be expected from a diligent and competent Contractor.
8.2 – 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.
8.3 – Subject to the provisions of Condition 8.6, 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 Contractor by Client for the provision of the Services up to the date of the event giving rise to such liability.
8.4 – Contractor shall not be liable for the following loss or damage, howsoever caused and whether or not foreseeable:-
8.4.1 – loss of profits, business or revenue, whether suffered by Client or any other person;
8.4.2 – special, indirect, incidental or consequential loss, whether suffered by Client or any other person;
8.4.3 – any losses arising by reason of any events or other matters beyond Contractor reasonable control preventing the performance by Contractor of any obligation under these Terms, provided that Contractor shall use all reasonable endeavours to eliminate or overcome any of such causes and to resume performance of our obligations with all possible speed;
8.4.4 – any losses resulting from Client failure to comply with any recommendations made by Contractor or from any defects in Client premises, fixtures and fittings, equipment, installations and goods; and
8.4.5 – 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.
8.5 – Where it is agreed between Contractor that parts and materials are to be stored at a place nominated by Client, this shall be at Client risk. Client hereby agrees to reimburse Contractor in full for any losses incurred.
8.6 – Any materials supplied, including but not limited to boilers, heating control systems, radiators are subject to their own manufacturer’s pass through warranty and guarantee. Client agrees that Contractor is not liable for the repair or replacement of any of the faulty items within this provision,where it was not reasonably apparent that the item contained inherent defects prior to installation. If an item is faulty at installation or becomes faulty after installation, Client agrees to contact the manufacturer direct and claim under the manufacturer’s warranty and guarantee.
8.7 – 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.
9) 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.
10) 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, clean water supply and/or Services deemed applicable for the Contractor’s use in the execution of the contracted Services.
– 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.
11) 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. Client will reimburse Contractor for all costs incurred for materials, labour and profit at the point of cancellation.
12) Removal of waste materials
The Client will be responsible for the removal from site all waste materials resulting from the work undertaken by the Contractor, removal of waste materials by Contractor will be subject to the agreement of further additional costs.
13) Frozen Pipes
The Contractor will not be liable for any fracture found in frozen pipes following commencement and completion of the Services, or for the duration of the guarantee period following completion of the Services by the Contractor. The Contractor cannot guarantee to clear blockages occurring in a frozen pipe or drain.
14) 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, with costs agreed in accordance with the rates at Appendix 1. No forbearance or delay on the Contractor’s part shall prejudice the Contractor’s rights and remedies under this Agreement.
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, or if sent by fax, shall be deemed to be served on receipt of an error free transmission report. If post mailing was used, it shall be deemed to be served three days following the date of posting.
16) Notice of your right to cancel
The client has the right to cancel this contract within fourteen calendar days starting on the day the notice of right to cancel is issued.
Should you send your cancellation notice in writing via post, it is recommended you retain proof of postage by a certificate of posting, or recorded delivery slip. We advise that all notice of rights to cancel are sent via email.
Notice of cancellation is deemed to be served as soon as it is posted/sent.
English and Wales Law shall govern these Terms and Conditions of Contract, the parties submit to the exclusive jurisdictionof the English courts.