Terms & Conditions
Please read the following terms & conditions carefully as they will tell you everything you need to know about the agreement you will enter into once you accept a quotation for Smithsons plumbing, to install central heating equipment, carry out installation of appliances and maintain appliances in your home.
For the purpose of these terms and conditions, the following words shall have the following meanings:
- “Us/we” shall mean Smithsons Plumbing.
- “You” shall mean you: the customer (the person or organisation for whom we agree to carry out works and/or supply or materials)
- “Our representative” shall be the person we send to you to do work.
1. The price quoted is open for acceptance within 30 days providing that the work can be commenced within 90 days (excluded quotes for repairs to gas appliances or central heating), both periods being from the date of the quotation. If you decide that you would like us to commence work after this time, we will let you know if there has been a change in the price requiring a revised quotation and the reasons why.
2. We shall quote the cost of installing/repairing central heating and appliances as discussed with you and/or specified in the quotation form. Once you have accepted this quotation we undertake to carry out all the work necessary to complete the work described in our specification and this quotation subject to the conditions below.
3. We will carry out the whole of the work specified in this quotation at the price quoted but any variation or additional requested by you and carried out by we including variations the necessity of which becomes apparent after work commences, will be subject to an additional charge. We will need to assess your home at all times during installation/repair.
4. The time estimate provided for completion of installation is our best estimate of the likely time scale prior to commencement of the installation, and we cannot accept liability for any cost, losses or expense of whatever nature incurred by you as a result of any delays.
5. The price specified in the quotation does not include the price of removing any dangerous waste material such as asbestos found when installing/repairing/maintaining your central heating/ gas appliance. This will be subject to an extra charge.
6. If you are a tenant, you may need your landlord’s permission to carry out the work covered by this quotation/invoice. We will assume that you have obtained such permission. We shall not have any liability for any loss or damage however arising from failure to obtain such permission.
7. All fitted furniture, carpets, linoleum and special types of flooring, for example, tongue and groove parquet, hardwood, rubber or tiled floors must be removed as required by we and you shall be responsible for their replacement when the work is completed. In many cases, this removal and replacement is best left to a specialist contractor and you should seek advice accordingly.
8. The work will be carried out in a proper workmanlike manner but we cannot be held liable for any damage unavoidably caused to decorations, fittings and the like as a result of installing/maintaining any new or existing equipment as specified in the quotation or removing, replacing or disturbing existing pipe work, appliances, tanks, cylinders or other fixtures and fittings.
9. Where we need to connect new equipment to your existing central heating system it shall not be liable for any breakdown or poor performance of or damage caused to your existing system as a result of faulty pipe work or some other defect or malfunction of your central heating system. Further we cannot accept liability for any deterioration in the performance of the central heating system caused by fluctuations in the water pressure provided by your water supplier.
10. We shall not have any liability for any failure to perform its obligations under this quotation/invoice if it is prevented from doing so by causes reasonably beyond its control, including unforeseen circumstances, such as industrial disputes, strikes, lock-outs, fire, accidents, war or problems with the fabric of the building including the roof, or problems with goods being delivered on time by a third party. We shall not have any liability for any indirect, special or consequential loss or damage or loss of profit with the exception of damage for death or personal injury. The total liability of we under this agreement shall not exceed the price paid. Further, should any additional work be required as a result of such unforeseen circumstances, you will be responsible for meeting the costs of such work.
11. To complete your central heating/gas appliance installation/maintenance/repair as quickly as possible, we may need to use sub-contractors. To ensure high standards of work we approve each sub-contractor for your security.
12. All work carried out by us, carries a full 12 months guarantee, when the work has been paid for in full. (only where materials and appliances are supplied by us), except servicing/maintenance/repair work which is guaranteed for 28 days.
13. A quotation/invoice/ cannot be varied except in writing by us.
14. All payments shall be divided into equal amounts spread over the days worked at your property, i.e. a £400 charge over 4 days on site will mean each day we will collect £100 from you, the customer, and any difference in the original price will be paid on the completion of work. In the absence of any prior written agreement to the contrary, payment of charges is required of our invoice. Failure to make payment within 28 days of the due date will result in the matter being referred to our Debt Collection Agents whose charges will be added to, and payable with the invoice debt.
15. The estimate – every effort is made to estimate work as accurately as possible for the proposed works, it is sometimes necessary to include an additional sum in the final account for items and labour which could not be foreseen at the estimation stage. These items will always be discussed with the client whenever possible; if however the client is not available, and no other aspect of the work may be undertaken in the interim, we will continue in order to finish works on schedule.
16. Access to the site will be granted to us during the agreed schedule and require that no other trades are working on or around the site concurrently unless agreed prior to the start date by Smith sons plumbing.
17. Scaffolding, although every effort is made to ascertain that access is possible to areas by ladder, if it is found after start of works that access is not possible in a safe manner to areas, and no price has been given for scaffolding, we will quote any additional charge for such scaffolding as needed.
18. Site preparation. We require that the site be cleared by the customer prior to commencement of works. If this is not done, we will charge a delay fee, and invoice for any clearing work. Should our workmen be requested to move any furniture or possessions, it is at owners own risk.
19. Delay. Due to scheduling requirements a minimum of 5 days notice is required if the start date is to be postponed by the client. Changes to works schedule by the client after this period will be charged at a rate of £100 per day.
20. Photography. We reserve the right to photograph the work as it progresses.
21. Jobs on an hourly rate. The total charge to you will be the time spent by our representative doing the work. It will include all reasonable time spent in obtaining materials. Parts and materials supplied by us will be charged at the trade price plus 30% handling charge.
22. Collecting material for a job: We try to minimise collection of materials by carrying everyday stock items. If we do need to collect materials we will always try to keep the time to a minimum.
23. Fixed Price work. Quotes will include labour and materials. The price will be fixed but Quotes may need to be revised if you change the scope of the work, if there is an increase in the price of materials, or if further works turn out to be needed to do the work.
24. Time Keeping. We will make every effort to attend each job at the time and date agreed with you according to our standard terms and condition of sale. However, we cannot accept any liability for either arriving late of not at all and for the late delivery or failure to supply materials.
25. You personally will be deemed to be our customer unless it is made clear to us who the customer is and we have confirmation that you have the right to instruct us on their behalf.
26. If you instruct us to do works or buy materials and then cancel, we reserve the right to charge you for the cost of any time and materials incurred by us. Charges will be those of our normal terms and conditions.
27. Guarantee. We have a twelve-month guarantee period of our labour and the duration of the manufacturer’s guarantee for all parts or equipment supplied by us. If you are not satisfied with our work, you must contact us, in writing, within 1 month of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense.
28. You agree that if you do not contact us within 1 month we shall have no liability. You agree to let our insurers inspect any works carried out by us.
29. Things we cannot cover. We are unable to guarantee our work, parts and equipment supplied to you: if they are misused, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us. Where we carry out works for you using your materials we can take no responsibility for the quality, fitness for purpose or otherwise of these materials so we cannot accept responsibility for them.
30. We cannot guarantee work where you order us to carry out work against the advice of our representative. This advice will be given to you either orally, or in writing. Our guarantee is also void if we indicate that further works need to be carried out.
31. We cannot guarantee (because of its nature) any work to unblock waste or drainage pipes. Nor can we guarantee further damage or defects caused by work that is not fully guaranteed or where recommended further work has not been carried out.
32. We cannot guarantee work on existing installations that are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
33. We will only be liable for rectifying our own work and shall not be held responsible for any ensuing damage or claims resulting from this or other work overlooked or subsequently requested and undertaken at that time.
34. We reserve the right to refuse or decline to undertake any work.
35. We reserve the right, at our absolute discretion, to choose who will represent us.
36. Title to Goods. Goods supplied and delivered by us to you, or your premises shall remain our property until paid for by you in full. Whilst goods remain our property (we continue to have title over them) we have the absolute authority to retake, sell or otherwise dispose of all or any part of these goods. At any time and without notice we shall also be entitled to enter any premises in which our goods, or any part of them, are installed, stored or kept or it is reasonably believed to be so. We shall be entitled to seek a court injunction to prevent you from selling, transferring or otherwise disposing of such goods. However, the risk in the goods will pass to you on delivery to you. You must insure them at replacement value and if asked you must produce evidence that they are properly insured.
37. All old taps/pipes etc that are replaced will be classed as scrap metal and will become the property of Smithsons Plumbing once they have been removed/replaced, if you wish to keep any of the old pipes/taps etc, please tell us in an e mail at least 1 month before we start any work for you.
38. These terms and conditions may not be released, discharged, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by our duly authorised representative and you. Our terms and conditions shall prevail over any terms and conditions used by you or contained, set out or referred to in any documentation sent to us by you. By entering into a contract with us you agree irrevocably to waive the application of any of these terms and conditions.
39. These terms and conditions and all contracts awarded between us and you shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.
40. All complaints should be made in writing within 1 month of completion of works to. Mrs Thama Smith, 11 Cheriton Road, Rainham, Kent, ME8 0EU.
41. The recommendations or tradesmen we give are suggestions, they don’t create any further contract between us and you the client in respect of the other tradesmen.
All work done by other tradesmen needs to be inspected and any issues bought up directly with the tradesmen, we also arent responsible for any damage they may cause to your property.
41-A. Any claims/faults made under warranty/guarantees, musty be initially investigated by smithsons plumbing, if any other plumber or tradesmen investigates them then any claim made against smithsons plumbing will become invalid, if any remedial work is needed we have the right to use our own tradesmen, not the ones you may want to use, however you are entitled to use another tradesmen to make any remedial work at your own cost.
41-B. Any measurements need to be checked by the customer, Smithsons plumbing cannot be held liable for incorrect measuments.
42. By engaging us in this work you agree with our terms and conditions.