1. Definitions
In these terms, unless the context otherwise requires, the following definitions will apply:
“Customer(s)” means the customer(s) is either a domestic or commercial organisation using or benefiting from Our Services.
“Fees” means the payment made by the Customer in receipt of the Services from Us.
“Service(s)” means and includes any of the following provided by Us to the Customer:-
(a) Plumbing, heating and air-conditioning installation.
(b) Servicing , emergencies or repairs.
(c) Vents, taps, under floor heating, showers, renovations pipe or heating work.
(d) Gas safety checks, boiler install, power flush.
“We, Us or Our” means JPH Plumbing and Heating as a sole trader at 5 Broadmead Avenue, Northampton, NN3 2QX.
2. Customer responsibilities
The Customer will notify Us promptly of any existing problems to systems, fittings or of the condition.
The Customer shall pay for tiles, additional parts, fillers, grout, pipes, heating, solutions (e.g. power flush) or any other equipment as required for the job unless this is pre-agreed in the quote. To avoid any damage to items the Customer will remove any fixtures, decorations, fittings or pets on the premises which may be subject to damage before We commence the job. Any damage directly by Us is subject to clause 8.5 below. The Customer will arrange repairs to decoration, fixtures and fittings.
In exchange for the Services to a reasonable satisfaction as per clause 7 below the Customer will pay the Fees. If the Customer is not reasonably satisfied, then they should notify Us in writing. We will remedy the issue within fourteen (14) days or the agreed time frames.
2.1. Quote or additional work
For each job We will quote the Customer a break down of the Services and the associated Fees for the initial job.
On visiting the premises or the Customer where We find that where there is additional work required than originally quoted, We will issue a separate quote for this which is subject to further Fees when it is accepted by the Customer.
2.2. Appointment and cancellations
The Customer will keep appointments at the agreed times. We will re-book appointments if the Customer needs to re-schedule subject to availability they should either call or email Us.
For the avoidance of doubt any urgent or maintenance jobs may not be cancellable within the fourteen (14) days’ time cancellation period. The domestic Customer may cancel within fourteen (14) days from the date a quote is accepted for Our Services and so long as parts are not ordered.
2.3. Access to site
The Customer will provide full access to the Customer site for Us to complete the job. Where there are any shared access issues or limitations the Customer will notify Us of this promptly. If We have a wasted trip and access cannot be gained, We reserve the right to charge a call out of Fee of £50
plus VAT.
The Customer is to provide access to including working water, electrics, waste, services, each floor(s), floor(s) access, front, rear etc, on the appointment date for the Services.
2.4. Waste collection
We will inform the Customer if either waste collection which is directly included in the job or if the Customer will be required to make separate collection for any waste.
3. Our responsibilities
3.1. Our engineers providing the Services are qualified and/or where applicable registered e.g. for Gas Safe.
3.2. We will obtain either the “like for like” or manufacturer recommended parts for items which either need replacement.
3.3. For a replacement of a broken part e.g., a thermostat, We will where subject to part availability fix or replace with in the twelve (12) months period from date of the Service provided. Outside of this period the Customer will have to pay a full Fees for any parts or replacement.
3.4. In relation to installations such as a boiler, these are covered by the manufacturer’s warranty periods. Any additional registrations should be done by Customer outside the standard periods where required. Any replacements will be directly with the manufacturer.
3.5. We will notify the Customer of any problems which We come across as soon as practicable upon discovery.
3.6. We may as agreed with the Customer carry out brick work.
4. Data Protection
The definition of the Data Controller, Data Processor, Data, Personal Data, Processing Personal Data Breach is in accordance with the Data Protection Act 2018 and the General Data Protection Regulation.
We will be acting as the Data Controller where We collect or determines purpose the Personal Data for the Services and maintain required registrations.
The Customer agrees the Personal Data provided to Us is accurate and correct.
We will only process Personal Data for the purpose stated for the processing pursuant to Our privacy policy at http://www.jp-heating.co.uk which is incorporated in this Agreement.
We will respond to a data subject access request excluding any exceptions within a calendar month from the date of receipt of the request (if a non-working day next working day) or any periods extension period.
5. Confidentiality
To maintain the other party’s confidential information in strict confidence and prevent unauthorised use or access. Not to disclose such confidential information in whole or part to any third party who are not connected with the Services. The above shall not apply to confidential information which is required by law or regulatory body.
6. Warranty
6.1. Each party has the authority to enter into this Agreement.
6.2. We are to provide the Service with reasonable skill and care.
6.3. Our equipment will be in good working order and suitable for use at the site.
7. Payment
The Customer(s) will pay the Fees and where applicable any VAT, custom taxes on Our invoice for the Services upon completion of the job. For commercial jobs, Our invoices may be paid on account where it is pre agreed in writing. Any payment due to Us may be settled by bank transfers, pay pal or card payments. Any late payments may be subject to eight percent (8%) on the amounts that are outstanding. We reserve the right to change Our Fees at Our sole discretion by displaying these on Our Website or quotes.
8. Limitation of liability
8.1. Nothing in this Agreement will limit liability for personal injury, death, fraud or any other liability which cannot be excluded by law.
8.2. We will not be liable for any indirect, punitive, consequential including any loss of profit, loss of business, loss of opportunity, goodwill, reputation or interruption.
8.3. Both party’s aggregate liability under this Agreement including contract, tort (including negligence), breach of statutory duty, shall be limited to the total Fees paid by the Customer in a twelve (12) month period.
8.4. We will not be liable to Customer due to delays to provision the Services which are beyond Our control or caused by the Customer.
8.5. We will not be liable for damage to during Services which cannot be totally removed including but not limited to any type of oils, solvents, stains, paints or anything else. We will not be liable for damages on existing condition and after the Services including structural, loosens, decorative,
fixture, fittings, walls, windows, pointing, insecure items. We will use reasonable endeavours to rectify any surface damage limiting to twenty-five (25%) percent of the Fees.
9. Intellectual property
We shall retain its right in ownership without the other party acquiring such rights in logos, website, domains, copy right, know how, techniques, designs, skills, methodology, pre-existing material and any marketing material prior to during and after the engagement of Service.
Nothing in this Agreement transfers any of the third-party intellectual property.
10. Insurance
We shall maintain with a reputable insurance company adequate policy or policies of insurance cover of £1,000,000 (GBP) for professional indemnity and £1,000,000 (GBP) for public liability insurance in respect of all direct risks which may be incurred by the Customer. The insurance provisions operate separately to limitation of liability.
11. Force Majeure
Where a force majeure event or related events due to act of god, floods, fires, epidemics, pandemics, acts of government, diseases and/or public health emergencies riots, war, lockouts, disasters, acts of government, attacks (“the Force Majeure Event”) that is outside the reasonable control causing delays in performance Services each Party’s obligations will be suspended for the duration of the Force Majeure Event. In such event if the Force Majeure Event continues for a period of ninety (90) days, after exhausting possible alternatives, each party shall have the option to terminate this Agreement and all obligations subject to notifying the other party in any inability to perform obligations.
12. Subcontractors
We may subcontract the performance of the Services in whole or part as it deems appropriate at its sole discretion to a third party. The subcontractor is to comply with all applicable terms and conditions of this Agreement in providing such Services and We shall remain responsible for third party’s
performance.
13. Dispute resolution
We operate a dispute handling procedure which We will try to resolve disputes with the Customer when they first arise in relation to this Agreement. We will try to resolve in good faith them within sixty (60) days. Any disputes should be submitted in writing to Us by email. If disputes are not resolved, then seek mediation prior to commencing legal action.
14. General
The above terms and conditions constitute an entire Agreement between the parties. A person who is not party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999. Any notice required by this Agreement to be given by one party to the other shall be in writing and shall be served by sending the same by registered post or recorded delivery to their known address. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. We reserve the right to make changes to these terms and conditions. Any changes will be posted on Our website.
15. Governing law
15.1. These terms and conditions are exclusively governed by the Laws of the England and Wales and the courts of England shall have exclusive jurisdiction in connection with a contractual or noncontractual dispute and either party may seek equitable relief.
15.2. Subject to 15.1, each of the parties waives any objection to the jurisdiction in 15.1 above and any decision or direction of courts of England is binding in any other jurisdiction.