TERMS AND CONDITIONS
“The Company” referenced within this document relates to all employees and sub-contractors of The Plumbing Doctor, which is a trading name of Stevens Building and Maintenance Limited.
“The Customer” referenced within this document relates to any person or business which engages The Company to carry out works within their premises.
1. Our contract with you
1.1. This document explains the terms and conditions relating to any work carried out by The Company.
1.2. When The Customer contacts The Company to request work to be carried out, we will require your personal details in order to log the job and dispatch an engineer.
2. Carrying out the work
2.1. When the job is booked in, we will provide you with a date and time which is convenient. Emergency works can be booked in for as soon as possible.
2.2. If we commit to attend at a certain time, we cannot be held liable for circumstances outside our control which prevent us from keeping to the agreed time slot. These include but are not limited to poor traffic conditions or extreme weather conditions. Where an engineer is being held up on a previous job, we will endeavour to allocate the job to another engineer.
2.3. Where we have been delayed because of the items mentioned in 2.2, we will not be held liable for any subsequent losses suffered by The Customer in any form, although we will always ensure The Customer is kept informed and up to date.
2.4. In order for us to carry out the work, The Customer must:
(a) Provide us with safe and reasonable access to the premises and services that need repair
(b) Be permitted to authorise changes or repairs at the premises
(c) Ensure materials supplied by The Customer are fit for purpose
If the above conditions are not met, then the job may be delayed or cancelled.
2.5. On completion, the engineer will leave a copy of your invoice which will detail the particulars of the job including what work was carried out, any materials used and any further recommendations.
3. Price and payment
3.1. The total cost of the job will include labour, materials and VAT. The labour part of the job will be quoted to The Customer when the job is logged. Usually, most repairs will take less than an hour and therefore the labour part of the job will be as quoted. If the repair is likely to take more than an hour, or expensive parts are needed, then The Company will seek authorisation from The Customer to continue working at a subsequent hourly rate. Alternatively a free of charge quotation can be provided. All prices are inclusive of VAT.
3.2. On completion of the job, the total price stated on the invoice is immediately due. Payments can be taken using any major credit or debit card or cash. Online bank transfers / cheques are allowed at the discretion of The Company.
4. Our liability to you
4.1. If we fail to comply with these terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breach of the terms, or our negligence.
4.2. We will make good any damaged caused to The Customer’s premises which is as a direct result of The Company’s negligence. If we need to demolish the fabric of the premises to access services, this will be done with The Customer’s consent, with an agreement as to who is responsible for making good afterwards made in writing prior to the commencement of any works.
4.3. The Company will ensure they always have a valid and active public liability insurance policy in place.
4.4. The Company will not be held liable for any pre-existing faults or damage to your property that we discover in the course of carrying out the works.
4.5. The Company will not be held liable for any loss of profit or business operation to The Customer or any third party as a result of any works being carried out by The Company.
4.6. We do not exclude or limit in any way our liability for:
(a) Death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors;
(b) Fraud or fraudulent misrepresentation;
(c) Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(e) Defective products under the Consumer Protection Act 1987.
5.1. Any work carried out by The Company is covered by a 12 months’ labour warranty. This covers The Customer against any defects which are due to poor workmanship. Any materials supplied by The Company are also covered by a 12 month guarantee. Any materials supplied by The Customer are not covered.
5.2. In the unlikely event any works carried out by The Company fail within 12 months of the completion of the job, please contact the office on 01752 215 173, or by email on firstname.lastname@example.org, or by post at 124 Leatfield Drive, Plymouth, Devon, PL6 5EZ.
5.3. Please note the guarantee does not apply if The Customer:
(a) Deliberately or accidentally causes damage to the work we have carried out, above and beyond reasonable wear and tear
(b) Fails to follow The Company’s advice with regards to the use or maintenance of the materials we supply
(c) Modifies the repair we have made in any way
(d) Has had a drain unblocked by The Company. All drainage works carry a 14 day guarantee.
(e) Has been advised that the repairs carried out by The Company are a temporary fix pending a full repair. Temporary repairs carry no warranty or guarantee.
6. Your rights to cancel and applicable refund
6.1. If you wish to cancel or rearrange your appointment before we arrive to carry out the work, you may do so within 24 hours of your appointment without any charge by calling 01752 215 173. If you provide us with less than 24 hours’ notice, there may be a nominal administration fee payable (£20.00)
6.2. If you cancel your appointment under clause 6.1 and you have made any payment in advance for the work that we have not carried out, we will refund that amount to you.
6.3. If we have already begun to carry out the work and you decide to cancel any further work that needs to be carried out to complete the job then we may charge you for any labour, materials and VAT used up to that point. This payment will be due immediately. However, where you have cancelled further work because of our failure to comply with these terms (except where we have been affected by an event outside our control), you do not have to make any payment to The Company.
7. Our rights to cancel and applicable refund
7.1. If we have to cancel an appointment due to an event outside our control or unavailability or our engineer or key materials without which we cannot carry out the work, we will promptly contact you.
7.2. If we have to cancel an appointment under clause 7.1 and you have made any payment in advance for the work, we will refund this to you.
7.3. If we have already started the work, and we wish to cancel, then we will not charge you anything and no payment will be due.
8. Information about us and how to contact us
8.1. The Plumbing Doctor is a trading name of Stevens Building and Maintenance Limited. We are a limited company registered in England and Wales. Our limited registration number is 08091772. Our registered office is 124 Leatfield Drive, Plymouth, Devon, PL6 5EZ. Our VAT registration number is 138565487.
8.2. In the unlikely event you wish to make a complaint, this can be done by telephone on 01752 215 173, by email on email@example.com or by post at 124 Leatfield Drive, Plymouth, Devon, PL6 5EZ.
8.3. A confirmation that we have received any complaint will be made in writing. Any complaints will be processed within 7 working days.
9. How we may use your personal information
9.1. We will use the personal information you provide us to:
(a) Carry out the work
(b) Process your payment for the work and
(c) Inform you of similar products and keep you abreast of our latest offers
9.2. For some larger jobs, we may use your details to carry out a credit check with a credit reference agency.
9.3. We will not give your personal data to any third party.
10.1. We may transfer our rights and obligations under these terms to another organisation. If we do this, we will always notify you in writing, but this will not affect your rights or our obligations under this agreement.
10.2. This contract is between The Customer and The Company. No 3rd party shall have any rights to enforce any of its terms.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
10.3. If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10.4. These terms are governed by English law. We both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.