EA Plumbing & Heating terms and conditions of website usage
Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern EA Plumbing & Heating’s relationship with you in relation to this website.
1. For the purpose of these terms and conditions the following words shall have the following meanings:
(a) “The Company” shall mean EAPH or EA Plumbing & Heating
(b) “The Client” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
(c) The operative or Engineer shall mean the representative appointed by the Company.
2. Where the Company agrees to carry out works for the Client those works shall be undertaken by the appointed operative of Company at its absolute discretion.
3. Fixed price works. Shall be given as firm cost (manifest errors exempted) including labour and materials and a deposit will be required (up to 100% of the agreed price).All cost are plus VAT at the current rate.
4.Hourly Rate Work: The total charge to the Client shall consist of the cost of materials supplied by the Company + 25% and the amount of time spent by the operative in carrying out the work including all reasonable time sent in obtaining unstocked materials charged in accordance with the Company`s current hourly y rates. The Customer shall only be charged for the time spent related to the Clients work, all other time, lunch break etc. Is non chargeable. All charges are subject to VAT at current rate.
5. Day rate WORK: A day will consist of 9 hours -1 hour break. The Company and Client upon agreeing a rate, works will not commence until a signed agreement, collecting plant and materials is included in the working day. All charges are subject to VAT at current rate.
6. Where a written quotation has been supplied to the customer the total charge to the customer referred to in the quotation may be revised in the following circumstances: – (i) if after the submission of the quotation the Customer instructs the Company (whether orally or in writing) to carry out additional works not referred to in the quotation.
(ii) If after submission of the quotation there is an increase in the price of materials.
(iii) If after submission of the quotation it is discovered that further works need to be carried out which where not anticipated when the quotation was prepared. (iv) If after submission of the quotation it is discovered that there was a manifest error when the quotation was prepared.
7. The Company shall not be under any obligation to provide a quotation to the Customer and shall only be bound (subject as hereinafter) by quotations given in writing to the customer and signed by a duly authorised representative of the Company. The Company shall not be bound by any quotation given orally or in which manifest errors occur.
8. 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.
9. MATERIAL COLLECTION. Collection of non-stock items is chargeable but:
(i) Time will be kept to a minimum and reasonable.
(ii) The Customer will be informed wherever possible when the engineer or operative leaves the property
10. PAYMENTS AND INVOICES. (Which is the Customers receipt) 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 15 percent over the Bank of England base rate until payment in full is received by the Company.
(Iii) FIRT HOUR PAYMENT FOR EMERGENCY CALL OUTS AND BOOKED APPOINTMENTS, will be taken by credit/debit card or banks transfer. And is NON REFUNDABLE if job is CANCELLED by the the CLIENT and not RE-BOOKED BEFORE engineer is on route. IF EAPH CANCELS JOB then a REFUND applies if we do not RESCHEDULE
12. Where the date and/or time for works to be carried out is agreed by the Company with the Client, 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.
13. If the Customer cancels there instructions prior to any work been 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 and/or materials supplied in accordance with such instructions.
14. If, after the Company shall have carried out the work, the Customer is not wholly satisfied with the works then the Customer shall give notice in writing within 3 months to the Company and shall afford the Company, and its insurers, the opportunity of both inspecting such works, and carrying out any necessary remedial works if appropriate. The Customer accepts that if they fails to notify the Company as of foresaid then the Company shall not be liable in respect of any defects in the works carried out.
15. The Guarantee shall be for labour only in respect of faulty workmanship for 12 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:
(i) Subject to misuse or negligence. (ii) Repaired, modified or tampered with by anyone other than a Company operative. 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.
16. The Company will not Guarantee any work undertaken or instruction from consequent and against the written or verbal advice of the operative/engineer. Work is Guaranteed only in respect of work directly undertaken by the Company and 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 Client has been notified by the operative either verbally or by written recommendations of any other related work which requires attention. The Customer shall be solely liable for any hazardous situation in respect of GAS related works.
17. 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 and the Company accepts no liability in respect of the effectiveness of such works or otherwise full stop.
18. These terms and conditions may not released, discharges, supplemented, interpreted, varied or modified in ant manor except by an instrument in writing signed by a duly authorised representative of the Company and by the Customer. Further, these terms and conditions shall prevail over any terms and 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 in to a contract with the Company the Customer agrees irrevocably to waive the application of any such terms and conditions.
19. 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:
(a) 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. (b) For the purpose specified in (a) above, the Company or any of its agents or authorised representatives shall be entitled at any time and with out notice to enter any premises in which or any part thereof is in installed, stored or kept or is reasonable believed so to be. (c) The Company shall be entitled to seek a court injunction to prevent the Customer from selling, transferred or otherwise disposing of such goods. Not withstanding the forgoing, risk in such goods shall pass on delivery of the same to the Customer, and until such time as title in such goods has to the Customer, the Customer shall insure such goods to their other evidence of such insurance.
20. 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 and the Company shall be entitled to a reasonable extension of the time for performing such obligations.
21. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for ensuing damages or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time. These terms and conditions and all contracts awarded between the Company and the client shall be governed and construed in accordance with English Law and shall subject to the exclusive jurisdiction of the English Law.