TERMS AND CONDITIONS.
1. For the purpose of these terms & conditions the following words shall have the following meanings:
(a) “The Company” shall mean South West Plumbing 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.
2. 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.
3. HOURLY RATE WORK. The total charge to the Customer shall consist of the retail cost of materials supplied by the Company and 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 is non-chargeable. All charges are subject to VAT at the prevailing rate except in cases where the work carried out is zero rated.
4. FIXED PRICE WORK shall be given as a firm cost, (manifest errors exempted) including Labour & Materials. All costs are plus VAT at the prevailing rate.
5. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate 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.
(iv) if after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
6. 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.
7. Material Collection.
Collection of non-stock items is chargeable but:
(a) Time must be kept to a minimum & be reasonable.
(b) The Customer must be informed wherever possible when the operative leaves the premises.
(c) If the collection time is likely to exceed 60 minutes the customer must be additionally informed of the circumstances.
(d) Only one engineer is permitted to leave the job to collect parts.
(e) The collection of materials which should be normally stocked items is non-chargeable.
8. Invoices are due for payment immediately upon delivery to the Customer. Any part of that invoice which remains unpaid shall carry interest at the rate of 4% over the base rate until payment in full is received by the Company.
9. 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.
10. The Customer shall accept sole liability to discharge the Company’s account unless he/she discloses to the Company when initially instructing the Company to carry out work &/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company or partnership).
11. If the Customer cancels their instructions prior to any work being carried out or materials supplied then the Customer shall be liable for any related 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.
12. 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 afford 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.
13. The Guarantee shall be for labour only in respect of faulty workmanship for 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null & void if the work competed or appliance/materials 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 of materials supplied by the Customer & will accept no liability for any consequential damage or fault.
14. 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. Any non-related faults arising from recommended work which has not been undertaken by the company will not be guaranteed.
The company 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 either verbally or in writing of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of any Gas Warning Notice issued.
15. 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.
16. These terms & conditions may not be released, discharges, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company & by the Customer. Further, these terms & conditions shall prevail over any terms & conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company; by entering into a contact with the Company the Customer agrees irrevocably to waive the application of any such terms & conditions.
17. 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.
18. 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.
19. 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.
These terms & conditions & all contracts 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.
All use of the web site at http://www.swpsl.co.uk (the “Site”) and the downloading, copying or other use of any information from the Site is on the terms and conditions set out below (the “Terms”).
If you do not agree with these Terms you must cease use of the Site immediately.
You may print and keep a copy of these terms for the purposes of reviewing and accepting them. The Terms are a legal agreement between you and us and can only be modified with our consent. We reserve the right to change the Terms at our discretion by changing them on the Site.
Accuracy of information and disclaimer We do our best at all times to ensure that all information on the Site is accurate. If you find any inaccurate information on the Site please contact: email@example.com
The information you send to us may be published on the Site and will therefore be viewed by anyone around the world. You agree that by sending us any information you represent and warrant that the information is accurate and does not breach anyone else’s rights such as copyright nor is it libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people or is in any way illegal.
You should independently verify any information before relying upon it.
We make no representation that information is accurate and up to date or complete and accept no liability for any loss or damage caused by inaccurate information. Other than as set out in these Terms, we accept no liability and offer no warranties in relation to the Site and its contents, to the fullest extent such liability can be excluded by law.
When we provide services, we want to make them easy, useful and reliable. Where services are delivered on the internet, this sometimes involves placing small amounts of information on your device, for example, computer or mobile phone. These include small files known as cookies. They cannot be used to identify you personally.
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These pieces of information are used to improve services for you through, for example:
• enabling a service to recognise your device so you don’t have to give the same information several times during one task
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You can manage these small files yourself and learn more about them through Internet browser cookies – what they are and how to manage them.
Learn how to remove cookies set on your device.
This website uses the following cookies:
However, if you wish to restrict or block the cookies which are set by our website, or indeed any other website, you can do this through your browser settings. The ‘Help’ function within your browser should tell you how.
Alternatively, you may wish to visit www.aboutcookies.org which contains comprehensive information on how to do this on a wide variety of browsers. You will also find details on how to delete cookies from your machine as well as more general information about cookies.
Please be aware that restricting cookies may impact on the functionality of our website.
If you wish to view your cookie code, just click on a cookie to open it. You’ll see a short string of text and numbers. The numbers are your identification card, which can only be seen by the server that gave you the cookie.
For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.
To opt-out of third-parties collecting any data regarding your interaction on our website, please refer to their websites for further information.
Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.allaboutcookies.org.
This Site contains copyright material, trade names and other proprietary information, including, but not limited to, text, software, photos, graphics and may in the future contain video, music and sound. The entire content of the Site is protected by copyright and / or database rights. We, or our licensors, own the copyright and / or database rights in the selection, co-ordination arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided in these Terms.
You may download information from the Site for your own personal or internal business use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloadable material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material no changes in or deletion of author attribution, trademark legends or logos or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.
“South West Plumbing Services Ltd ” and “South West Plumbing, Heating & Renewables ” are our trade names. You may not use these trade names without our consent.
We may provide hypertext links to other sites operated by other people or organisations. Using such a link means you are leaving our Site and we take no responsibility for, and give no warranties, guarantees or representations in respect of linked sites.
Our liability to you
We provide the information on this Site free of any access charge. The Site is provided on the basis of no liability for the information given.
In no event shall we be liable to you for any direct, indirect or consequential loss, loss of profit, revenue or goodwill arising from your use of the Site or information on the Site. Subject, as provided below, all terms implied by law are excluded.
We accept no liability for death or personal injury caused by negligence or responsibility for fraudulent misrepresentation that cannot, under English law, be excluded.
The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any decisions. You should take your own advice.
If you make an arrangement with anyone named or connected with the Site this is at your sole risk.
Barring from the site
We reserve the right to bar users from the Site, on a permanent or temporary basis at our discretion. Any such user shall be notified and must not then attempt to use the Site under any other name or through any other user.
Legal jurisdiction and dispute resolution
The law of England and Wales shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with the Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be England.
We make no warranty or guarantee that the Site or information available over it complies with laws other than those of England and Wales.
Any formal legal notices should be sent to us at the address at the end of these Terms by fax and confirmed by post.
Failure by us to enforce a right does not result in waiver of such right.
You may not assign or transfer your rights under these Terms.
We may amend these Terms at any time by posting a variation on the Site.
Online privacy practices Your right to privacy is important to us.
We are keen to strike a fair balance between your personal privacy and ensuring you obtain full value from the services we may be able to market to you.
We are registered as a data controller under the Data Protection Act 1998 and ensure we comply with all protection the Act affords to you. Further information on the Act is on the Internet at www.dataprotection.gov.uk.
Submission of personal information
In some areas of the Site, we ask you to provide information that will enable us to enhance your site visit, or reply to you after your visit. This would include where you subscribe to our online newsletters, or provide feedback to us through the feedback form or when you complete any on line survey we may offer from time to time. When you do so, we ask you to give us your name, email address and other personal information that will be needed to supply the services to you. In relation to on line newsletters you can ‘unsubscribe’ at any time. We may use your personal data for future email mailings, general correspondence regarding our services and correspondence which may relate you. If you would rather not receive future marketing emails from us please inform us by email at firstname.lastname@example.org.
The information you provide us will be kept confidential and will be used by us only to support your relationship with us. We do not disclose or sell your information outside our partnership or associations except if we sell the whole or part of our business.
All communication in the United Kingdom between you and us may be monitored in accordance with the Lawful Business Practice Regulations 2000.
Further information on these Terms or any queries on them can be obtained from:
South West Plumbing Services Ltd. The White House, Broomhill Way, Torquay. TQ2 7QL
Telephone 01803 615000
Registered Office: Haldon House, 4 Castle Road, Torquay TQ1 3BG. Registered No: 4638838. VAT Reg No. 679 6141 92.
For friendly, expert advice on all your plumbing, heating or renewable energy questions, please call South West Plumbing Services on 01803 615000 or email us at email@example.com
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