(1.) For the purposes of these terms (a) “The Company” shall mean Culkin Plumbing and Heating LTD trading as Culkin Plumbing and Heating.
(b) “The Customer” shall mean the person, meanings: and conditions the following words shall have the following organisation or company for whom the Company agrees to carry out works and/or supply the materials.
The Operative or Engineer shall mean the representative person(s) appointed by the Company.
(2) Right to Refuse. 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 Works.
(a)Hourly Rate Works. The total charge to the Customer consists of time consumed and materials consumed and installed and the amount of time spent by the operative in carrying out works (including; diagnostics, investigation, customer information and advice, and reasonable time spent 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, personal mobile calls etc. is non-chargeable. All charges are subject to VAT at the prevailing applicable rate.
(b) There will be a minimum 1 hour labour charge for an engineer to attend onsite.
(a)If a customer cancels the booking without at least 1 working days notice they will incur a cancellation fee of 30 minutes labour
(5) Cost of materials supplied by the Company are charged to the customer at rates not exceeding the trade purchase price of materials + 20%. The standard charge is trading purchase price plus 20%. The exception being where we have our own published prices.
(6) Quoted or fixed Price Work shall be given as a firm fixed cost, (manifest errors exempted) including Labour & Materials. All costs are plus VAT at the prevailing rate. Parking costs incurred are not included.
(7) Material Collection.
The collection of non-stock items during works is chargeable, however:
(a) Time must be kept to a minimum, i.e. nearest supplier used unless price difference is know to exceed carriage costs.
(c) Only one engineer can be billed for collection costs. Where a lower rate operative is available with transport they will be assigned for collection.
(8) Estimates are not fixed price quotes merely a best guess of approximate time for a job to be complete based on the information available before works commence. Where a written estimate has been supplied to the Customer the total charge to the Customer referred to in the estimate may vary from the estimate and it may in some circumstances e.g. after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Company shall not be bound by any estimates given orally including but not limited to those with manifest errors. Quotes or only provided in writing. Any oral estimate is mere an estimate.
(9) Customer Supplied Materials and Goods. Should the customer supply their own goods/materials any additional labour or material consumption costs caused by defects, supply issues, incorrect goods, faulty goods, issues with goods under warranty or any other issues shall be charged to the customer at normal rates.
(10) Invoices to customers are due for payment within seven days. Companies and organisations are bound by EU Directive terms;
(11) 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; Where the date and/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 and 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.
(12) Third Party Accounts. 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 and/or supply materials that he/she is acting on behalf of a third party (including, but not limited to, a Limited Company, Charity or partnership) and should receiving a written estimate) the name of the third party appears on the written estimate.
(13) Cancellations. If the Customer cancels their instructions prior to any works being carried out or any materials supplied or ordered then the Customer shall be liable for any related non refundable expenditure or time consumed. Notice of the Right to Cancel; If the customer is thinking about or wants to cancel the contract. The customer may have a cooling-off period of at least seven calendar days from the day the notice is sent, in which the customer can choose to cancel the contract and have any deposits returned. As part of the “Cancellation of Contracts Made in a Consumer’s Home or Place of Work etc. Regulations”, the customer has the right to cancel the contract in writing within the notice given at the time the contract is made (standard cancellation notice). As part of these regulations, any sum paid by or on behalf of the customer as part of the contact will be repayable except where the regulations provide otherwise.
(14) Defects. 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 3 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.
(15) Complaints. Where we cannot resolve any complaints using our own complaints procedure, as a Which? Trusted trader we use Ombudsman Services Ltd for dispute resolution. In the unlikely event of a complaint arising and you wish to refer the complaint to them please contact Which? Trusted traders in the first instance on 0117 981 2929.
(16) Guarantees (Void); The Guarantee shall be for labour only in respect of faulty workmanship for 3 months from the date of completion with the manufacturers warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the Company is:
(a) Subject to misuse or negligence.
(b) Repaired, modified or tampered with by any persons other than a Company operative.
(c) The Company will accept no liability for, or guarantee suitability, materials supplied by the Customer and will accept no liability for any consequential damage or fault.
(d) If the invoice is outstanding for more than 7 days after customer received the invoice
(17) Guarantees (Exceptions); 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 and 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 indicated in ticked boxes or in Comments/ Recommendations of any other related work which requires attention.
The customer shall be solely liable for any hazardous situation in respect of Gas Regulations or Gas Warning Notice issued.
(18) Guarantees, Works on substandard parts or systems; 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.
(19) Guarantees, Instructions. Where a customer instructs to vary from manufacturers instructions works have no guarantee from the company.
(20) Non Liability, Delays. The Company shall not be liable for any delays or for the consequences of any delays in performing any of its obligations and if such delay is due to any cause whatsoever beyond the reasonable control of the company, the Company shall be entitled to a reasonable extension of the time for performing such obligations.
(21) Gas Safe Regulations Engineers operate under Gas Safe Registration and are therefore responsible for any Gas related work. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all or any or part of such goods in which title remains vested in the Company.
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, and 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.
Goods delivered remain the property of the company until they are paid for. The company remains the owner of the goods until such time as these and all other sums owed by the buyer to the seller are paid in their entirety
(24) Liability Under Law. The Company shall only be liable for rectifying any works completed by the Company and the Company 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. The Company and the Customer(s) shall be governed and construed in accordance with English/EU law & shall be subject to the exclusive jurisdiction of the English/EU law and all contacts. These terms and conditions
(25) Recovery. The Company shall be entitled to fully recover costs or damages from any operative/engineer/contractor whose negligence or faulty workmanship results in the Company being made liable for those damages or rectification of the work.
(26) 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.