Gas Safe Registration: 602371
I am a Gas safe registered installer, authorised to work with gas. It is illegal for a non Gas Safe registered company to handle gas associated works. I will notify Gas Safe register & your local building control office that your installation has been carried out in compliance with current Part L building regulations, as of 1st April 2005. Your local building control office will notify you that your installation has been carried out in compliance with current legislation, and issue a compliance certificate directly to you.
Terms and Conditions
1) General – This Agreement is governed by the laws of England and Wales unless we are domiciled in a different country, in which case the laws of that country will prevail. The remainder of this document sets out the terms and conditions which apply to the agreement between you (our customer), and us (the contractor). Acceptance of a quote or day work instruction is acceptance of the following terms and conditions. These terms and conditions supersede any other documentation or communication between the contractor and the customer.
2) Definitions – a) “Works” shall refer to the work to be carried out described in the quotation (b) “Contractor” shall refer to Direct Plumbing and Heating Ltd. (c) “Customer” shall refer to the person or company who requested and instructed said works (d) “Contract” shall refer to a written contract or contract based upon acceptance of a quotation.
3) Basis of Quotation – a) When you ask us for a quotation, one of our surveyors will come to your property to carry out a survey. If we cannot survey your property, or do not consider it to be suitable for us to provide the requested goods/services, we do not have to provide the survey or any product to you. (b) If we do survey your property and provide you with a quotation (the ‘Quotation’), the Quotation will be subject to the matters set out in this Agreement, which you should note. The Quotation will include those products, services and other items or work which our surveyor considers that you require based on the survey (together, the ‘Work’) and will remain open for acceptance for 30 days, although we reserve the right to withdraw the Quotation at any time. (c) Our prices are subject to VAT and to any change in the rate of VAT. A contract will only come into being upon our acceptance and conformation of your agreement to the Quotation. In agreeing (whether expressly or impliedly) to the Quotation, you are:
- Placing an order confirming that you accept and understand the terms of this agreement and agree to be bound by them;
- Agreeing that it is for the information and form required to be provided to you under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the ‘Regulations) to be provided via an emailed copy of your quote and these terms and conditions;
- Giving authority for the Work to be carried out and (where relevant) agreeing that you have authority from the owner of the property for the Work to be carried out;
- Agreeing that you (or the owner of the property) have obtained any relevant consents and/or permissions that may be required, e.g. listed building consent.
(d) The Quotation will be subject to the matters set out in this Direct Plumbing and Heating LTD use the highest quality products, other makes and models are available upon request at a lower price, all increases or decreases in labour and/or material cost arising after the date of quotation may be recovered from or allowed to the customer. (e) Prices are based on the works being undertaken between the hours of 08:00-17:00. Where the customer requires overtime the contractor shall be reimbursed for all extra costs involved as a result of said works. (f) Once you have accepted our Quotation, you must usually make payment in full in cleared funds prior to commencement of the Work unless we agree otherwise with you. If the Work is cancelled prior to installation we will refund to you all sums paid in advance, less any amounts due for Work carried out prior to cancellation and (in the case of cancellation by yourself) any amounts due for costs incurred by us to the date of cancellation.
4) Basis of Day Works – a) Once we have accepted your order (and if required we have received any agreed advance or deposit payment due in cleared funds), we will agree with you a date for the Work to be carried out within normal business hours. We will endeavour to carry out the Work on the agreed date but this may be subject to change and we shall not be liable in any way for any delay or any losses whatsoever arising as a result. Time shall not be of the essence for the purposes of this clause. (b) Please note that if there is a significant delay between our acceptance of your order and receipt of full payment (where required in advance), the Quotation may be subject to change. (c) No additional works will be carried out without written request from customer, any additional work that was not included in the original quote will incur additional charges, including but not limited to; wall mounted taps, change of shower valves from surface mounted to concealed or wall hung toilets, extra rads or changes in sizes quoted, heating controls, boiling hot water taps and any wall chasing that has not been accounted for within the quote. This will need a written request and price agreed before work commences. Where additional works and variations cannot be accurately assessed, are urgently required or where no written request for quotation is made by the customer to the contractor before the works proceed then additional works and variations shall be charged at £50.00+VAT per hour for each engineer plus materials. (d) Any radiators that are fitted on request prior to decoration, that require additional works i.e. removal of said radiators for decoration, draining of radiators and heating systems and isolation of radiator valves, shall incur the aforementioned charge of subsection 4-c. (e) All electrical works will be carried out in compliance with IEE regulations. (f) It is assumed the existing heating system where applicable, is a conventional two pipe system. (g) If boiler is to be positioned in loft area then permanent loft access and flooring at least to the boiler will be necessary to comply with current health & safety regulations. (h) Site of work will be left clean and tidy upon completion, all rubbish will be cleared from site unless a site skip is provided. (i) This agreement is contingent upon strikes, accidents, acts of God or any other circumstances beyond our control.(j)The contractor is entitled to vary the price to take account of:
- Any additional Services and/or Goods requested by the Customer which were not included in the original quotation. Any increase in the cost of materials. Any additional work and materials required to complete the Services which was not anticipated at the time of the quotation as stated 4c. The Supplier holds the right to invoice works that have been completed to date at any time.
(k) You will provide us and our employees, sub-contractors, agents and other workmen or representatives access on the agreed date to carry out the Work and you agree that (where applicable), once the Work is complete, you will promptly pay any outstanding balance. (l) Most heating installations do not require planning permission but you should check, If, for example, your property is a listed building or you are in a conservation area and/or the system flue extends 1 metre above the roof height then you may need planning permission. You are responsible for contacting your local planning authority to obtain confirmation that planning permission is not required. We cannot be held liable for any installation carried out where planning permission was required but not obtained and we cannot offer refunds in such cases. (m) You must provide the following for our use free of charge during the Works: water, washing facilities and toilets; electricity supply; gas supply (where relevant); adequate storage space; safe and easy access to your property from the public highway; easy access to the location within the property where the installation is to take place. (n) Goods belonging to us may be delivered to the site. If the contract is terminated early for any reason then, unless you have paid for the goods, you must return them to us. Until ownership of the goods passes to you: you must store the goods separately in such a way that they remain readily identifiable as our property; you must not destroy, deface or obscure any identifying mark or packaging relating to the goods; and you must maintain the goods in satisfactory condition. (o) Goods belonging to us may be delivered to the site. If the contract is terminated early for any reason then, unless you have paid for the goods, you must return them to us. Until ownership of the goods passes to you: you must store the goods separately in such a way that they remain readily identifiable as our property; you must not destroy, deface or obscure any identifying mark or packaging relating to the goods; and you must maintain the goods in satisfactory condition. (p) If, when we commence Work, we find that there is a problem which was not reasonably apparent on survey or we find dangerous material such as asbestos, we reserve the right to cancel, suspend or increase the price of the Works. If we cannot carry out the Work for reasons outside of your control, you will not be charged, If you do not provide us with reasonable access or you suspend or cancel the Work, we may suffer additional costs and may recharge you for these and for any work carried out. (q) We will carry out the work in conformity with this contract and will take reasonable care in carrying out the Work but we do not accept liability for any damage to decorations, walls, floors or the like, which is not reasonably avoidable in carrying out the Work. We will make good any holes but will not re-decorate, re-finish or re-lay flooring or floor covering. Boxing in of pipework is not included unless specifically set out in the Quotation. You should therefore be aware that minor redecoration may be required after the Works, which is not included in the Quotation price. We will notify Building Control or Gas Safe of your installation as appropriate following completion.
5) Services and Certifications – Any gas and/or heating work will be supplied with a Gas Safe Certificate. Boiler Service’s will be issued a landlord/homeowner gas safety certificate. It is illegal for a non Gas Safe registered company to handle gas associated works. The contractor will notify Gas Safe register and the local building control office that the installation has been carried out in compliance with current Part L building regulations, as of 1st April 2005. The local building control office will notify the customer that the installation has been carried out in compliance with current legislation, and issue a compliance certificate directly to the customer. Certificates will be held by the contractor until full and final payment is received.
6) Insurances – a) The existing structures, together with the contents thereof, the works and all unfixed materials , goods and plant on site, shall be at the sole risk of the customer and the customer shall maintain insurance cover thereon to the full value of such property. The aforementioned items in reference to the works and materials shall remain the property of the contractor until payment is made in full by the customer. (b) The contractor shall maintain employers liability and public liability insurance whilst indemnifying the customer against any claim in respect to accidental bodily injury or death and accidental loss of/or damage caused by the fault or negligence of the contractors for which the contractor could be held legally liable in the absence of this condition within the period of guarantee. (c) All works and site of work fully covered to the amount of £5,000,000.00 worth of Public Liability Insurance.
7) Completion and Extensions of Time – The contractor shall endeavour to carry out the work within the period stipulated or, if no period is stipulated, within a reasonable time, but shall not be held responsible for any loss or damage arising out of delay due to any cause beyond the contractor’s control. If the progress of the works is delayed and/or disrupted due to any cause beyond the contractor’s control, then the contractor shall be granted and extension of time, providing that the contractor shall use their best endeavours to minimise such delays. If delays are caused by other contractors you maybe liable for charges. These will be charged to and paid by the customer.
8) Warrantees; Consequential Loss and Damage – a) The contractor shall not be liable for any damage caused by the works after the completion of the works, which is due to normal operation of equipment and materials, save where the damage is caused by negligence of the contractor. (b) Without prejudice to the customer’s statutory rights the contractor will pass to the customer the benefit of any guarantees the contractor has received in respect of materials supplied by the contractor and undertakes to repair or if necessary replace free of charge any materials or work found to be defective if the defect is due to faulty workmanship by the contractors and is brought to their attention before the job is completed and up to the point of the last working day the contractors are on site, provided nevertheless that:
- The contractor accepts no responsibility for any drawing, design or specification not prepared by the contractor.
- The contractor’s responsibility to the customer is limited to the fulfilment of the contract in a proper and professional manner and the contractor shall not be liable for any consequential loss or damage arising out of the execution of the contract, unless due to negligence of the contractors.
- The contractor shall not be liable for any wear and tear, loss and damage, direct or indirect, nor for any extra work entailed due to the apparatus being put into operation by the customer or by the contractors at the request of the customer before being handed over for beneficial use.
- The repair or replacement of any faulty work or materials shall only be carried out by the contractors, otherwise the contractor’s warranties as to repair or replace shall not be applied.
- The contractor will take reasonable care but accepts no liability for damage to furniture or other fixtures which have to be moved by the contractors in order to carry out the contracted works.
Without prejudice to this the contractor will maintain adequate public liability insurance cover for at least the duration of the contract. Failure to make payment in full will void all warranties and guarantees issued by Direct Plumbing and Heating Ltd. All parts and materials re-used at the customers request are not guaranteed by the contractor or are covered by the contractors warranty. While works are being undertaken if the customer fails to take the advise of the contractor regarding any working practises subsequent repairs or servicing needed on works or situations the contractor advised against are not covered by warranties and will remain the responsibility of the customer.
9) Guarantee / Warranty – a) All work is guaranteed for 1 year from completion and all call backs outside this guarantee will incur a charge. Other guarantees such as manufacturers guarantees and warranties also cover the customer. (b) Failure to make payment in full within the time scale set out in the terms and conditions will void all warranties and guarantees issued by Direct Plumbing and Heating Ltd. (c) Your guarantee and warranty will also be voided if a fault arises due to wilful damage, abnormal working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, improper maintenance or negligence on the part of the customer or a third party. Also where the services and/or goods are defective do not comply with the contract the customer must notify the contractor in writing within 14 days from the date of delivery. If the customer has not paid for the services and/or goods in full by the date the defect is notified to the contractor then the contractor has no obligation to remedy the defect. (d) Any manufacturer’s warranty included with any Boiler purchased as part of the Work, is subject to the terms of such warranty (available directly from the manufacturer). Please note that, for the warranty to remain valid, it may require that the Boiler is serviced by an appropriately qualified engineer within each 12 month period from installation, in this case, you must keep appropriate records of those services and be able to produce them on request. The manufacturer warranties for other products installed may attract other conditions and you should, in each case, refer to the terms of the guarantee or contact us for further information. (e) You agree that from time to time we may arrange for the Work to be inspected and you will grant such reasonable access as may be required in order for such inspections to be carried out.
10) Contractor’s Loss, Damage and Expense – If the contractor is involved in loss, damage or expense due to any of the following reasons, then they shall be reimbursed for same, providing that the contractor shall use their best endeavours to minimise such loss, damage or expense; a) By reason of the customer’s instructions and/or delayed instructions regarding extra work or variations (b) By delay on the part of the companies engaged by the customer in executing work not forming part of this contract. (c) By the customer failing to afford free and uninterrupted access to the contractor to the property for the proper execution of works. (d) Risk in the goods or in any property or materials used to provide the services shall pass to the customer when they are in the possession of the customer. Title or ownership of any property or materials belonging to the contractor remain with the contractor until payment is received from the customer in full. The customer excepts full responsibility
11) Terms of Payment – All quotes are exclusive of VAT. a) Unless agreed prior to the quotation an initial deposit payment of 50% is to be paid one week before works are due to commence. This payment will be used in the purchasing of the relevant materials for said works. (b) Payment in full is to be made on day/date of issue of the invoice being received. (c) Failure by the customer to make payment as aforementioned shall entitle the contractor to suspend work and/or charge interest at 8% of the outstanding balance plus the Bank of England base rate for business to business transactions on a daily basis. Along with an admin fee’s. (d) Failure by the customer to make payment shall also entitle the contractor free access into the property wherein the works have been carried out and to remove at the customer’s cost all materials and goods installed or provided in the works. (e) The customer is not entitled to withhold any monies due to the contractor. (f) Once a final demand letter has been issued and/or legal proceedings begun all warranties and guarantees issued by Direct Plumbing and Heating Ltd become VOID. (g) The contractor is also entitled to recover all reasonable expenses incurred in obtaining payment from the customer where any payment due to the Contractor is late. (h) Whilst we may provide guidance to you in respect of the process by which you can apply for any cash-back offers available to you, we are not responsible for the success or failure of such application, and the success or failure of your application does not affect your obligation to make payment to us for the goods and services provided, nor can we delay receiving payment to the date at which you may receive any such cash-back. (i) We make no guarantee that any RHI payments or other government sponsored payments or grants will be either accessible to you or will amount to any specific value. We are not in a qualified position to be able to provide you with any guarantees or promises as to the extent of any payments or grants and you need to separately retain the services of a qualified assessor for this purpose. You will remain liable for making payment in full for the Work and we cannot make any assurances that you will receive any funds towards such payment/s from any source.
12) Payment Methods –
- Cash
- Direct Bank Transfer (BACS)
- Credit Card or Debit Card via the Stripe payment button attached to this email.
13) Force Majeure – Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
14) Assignment – a) The customer shall not be entitled to assign its rights or obligations or delegate its duties under this agreement without the prior written consent of the contractor. (b) We may assign, licence or sub-contract all or any part of our rights or obligations under this Agreement without your consent.
15) Default – The Contract shall continue until the services have been provided in terms of the quotation or any subsequent date as mutually agreed in writing by both parties or until terminated by either party in accordance with these terms and conditions.
16) Limitation of Liability -We are not liable to you for:
- Any defect in or damage caused to the Work, or any part of it, arising from fair wear and tear, wilful damage, your negligence, damage caused by a third party (other than our representatives and installers), failure to follow our instructions or any instructions of the manufacturer or supplier of goods forming part of the Work, or alterations made or actions taken without our approval.
- Any loss due to fire, theft or other risks normally insured for under a household insurance policy.
- Any delay in carrying out the Work, and any related costs.
- Any costs arising out of any requirement for us to cancel the Work, if we cannot carry it out as planned.
- Any defect, damage or breakdown caused by inadequate servicing of a Boiler or other product (unless such servicing was provided by us) or by deliberate action, accident, misuse or third party interference including modification or an attempted repair (other than repairs carried out by us) which does not fully comply with industry standards.
- Any defect, damage or breakdown caused by the design, installation and maintenance of a central heating system or which is due to the integrity or suitability of any existing part of a heating system to which the Works have connected.
- De-scaling or other work required as a result of hard water scale deposits or from damage caused by aggressive water or sludge resulting from corrosion.
- Any incompatibility of a shower with any new Boiler supplied and installed by us.
- Any issues arising as a result of inadequate or changeable water supply.
- Any failure by us to meet any of our obligations due to matters beyond our control.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business, wages or goodwill) howsoever arising. Notwithstanding the foregoing, nothing in this Agreement is intended to limit any rights you might have as a consumer under applicable law, or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
17) Data Protection – a) We, our agents and subcontractors may use your information in accordance with data protection legislation to do the following:
- Provide you with the goods and services you have requested and contact you in relation to them.
- Create statistics.
- Help to prevent and detect debt, fraud or loss.
- Help to train staff and improve our systems.
- Retain as proof of your identity.
- Comply with the requirements of supervisory organisations such as Gas Safe.
- b) If you give us information on behalf of someone else, you agree that they are aware of these terms and that they have given permission for us to use their personal information as described above. (c) We may monitor and record any communications we have with you, including phone conversations and emails, to make sure that we are providing a good service and are meeting our legal and regulatory responsibilities. (d) You are entitled to have a copy of the information we hold on you and to have any inaccurate information corrected. We may charge a small fee for providing a copy of any information we hold about you.
18) Period of Acceptance and Cancelation – a) Unless otherwise stated in writing by both parties, a quotation remains valid for 30 days unless previously withdrawn. Thereafter it is subjected to confirmation or adjustment by the contractor. (b) The quotation must be accepted by the customer in its entirety. If works commence before official acceptance of terms and conditions is received by the contractor this will automatically become the customers acceptance of the terms and conditions. (c) The customer may cancel an order for services and/or goods by notifying the contractor in writing within 2 days of placing the order. If the customer fails to notify any cancellation within the time specified any monies paid will not be refundable. (d) We shall be entitled without prejudice to the other rights and remedies available to us, either to terminate the whole or any part of this Agreement or to suspend any future service or supply if any of the following events occurs:
- If any debt due and payable by you to us is unpaid on the due date of payment, or if you are in breach of your obligations under this Agreement which in the case of a breach capable of remedy is not remedied by you within 14 days of receipt by you of a notice specifying the breach and requiring its remedy.
- You make any voluntary arrangement with your creditors or become subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) goes into liquidation or an encumbrancer takes possession or a receiver is appointed of any of your property or, or if you cease or threaten to cease to carry on business or if we reasonably apprehend that such events are about to occur in relation to you.
(e) The termination of this Agreement howsoever arising shall be without prejudice to the rights and duties of either you or us accrued prior to termination. (f) Failure by us to enforce or partially enforce any provision of this Agreement will not be construed as a waiver of any of our rights under this Agreement.
On response to this quote you are accepting and agreeing to the full terms and conditions aforementioned in the above information. These terms and conditions supersede any other documentation or communication between the contractor and the customer. Please state in your response to this quote your acknowledgment of this agreement.
Once again we thank you for your enquiry and look forward to hearing further from you.
Direct Plumbing and Heating Ltd are an independent company and can work for any contractor or individual.
If you have any enquiries please contact us using the contact details as set out in your quote. Any complaints should be sent in writing to our registered address or emailed to us. If you wish to report a defect or issue with the Work, you must do so by telephone or email within 24 hours of discovering the same. We will endeavour to respond to any complaints within 24 hours and our complaints policy is available on request.
Payment Advice
Direct Plumbing and Heating Ltd
60 Cornwell Avenue
Forge Wood
Crawley
West Sussex
RH10 3SJ
Info@directltd.co.uk
www.directltd.co.uk
01293 922239
07843 206187