Terms & Conditions
For the purpose of these terms and conditions the following words shall have the following meanings:
“Us/we” shall mean ASP Plumbing and Heating Services
“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.
By asking us to attend a property you are accepting our terms and conditions
Projects on an hourly rate.
The total invoiced to you will be the sum of the chargeable time spent by our representative (the minimum charge is one hour) attending your premises to undertake the agreed work (which may be just a diagnosis or step-by-step investigation to determine the nature of the problem to determine the nature of the problem and may not take a full hour) and the cost of any provided parts plus any congestion charge/ULEZ/parking costs.
The time invoiced 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. VAT is chargeable on the total invoice price – the sum of all of these costs, including our charges and expenses.
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. If the time is likely to be more than 45 minutes you will be informed before our representative leaves the job. Only one person will collect parts at a time.
Fixed Price work.
Estimates will include labour and materials. Costs incurred for travelling (congestion charge) and parking will make up a part of the total fee that we invoice for our services. VAT is payable on the total of the estimate, as this is the inclusive price for our service. The price will be fixed but manifest errors shall be exempted. Estimates 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 are deemed necessary. If it is impossible for us to do the work for the agreed estimated price, we will provide a free estimate for the additional work so that you can choose to use us or not. If you decline, there will be no charges payable by you.
Unless otherwise agreed, we require payment of any outstanding balance by the time the engineer is ready to leave the premises. If you do not pay in full before the engineer has gone, you will be liable for an administration fee of £25+VAT. We reserve the right to request full payment for fixed-price works in advance. With the exception of liability claims, we do not renegotiate or refund completed jobs. After one month, unpaid invoices may result in ASP Plumbing and Heating Services making a case to the County Court. We will hand over debtors’ details to debt collectors after two months, incurring additional charges. Where necessary, refunds will be actioned on our next scheduled series of payments – this may be up to 14 days from when the refund was agreed and authorised.
Time Keeping, cancellations
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 or not at all and for the late delivery or failure to supply materials.
The person who has contacted us to book in a job will be deemed to be our customer unless it is made clear to us who the actual customer is.
Tenants must provide us with confirmation that he/she has the right to instruct us on behalf of the property owner, or the tenant will be liable for payment on completion.
When engineers are on site, unless notified in advance by the actual customer that any potential issues need to be communicated to a particular person (ideally the actual owner/customer) who is not on site, this person must be available to speak to the engineer during his visit. If this notified person is not available, the engineer will deal with any person that is considered to be relevant (family member/tenant); if this person cannot or will not make the necessary decision, the engineer will make a determination of the best course of action or leave the job in a safe manner and the remainder of the job can be re-booked at a future date as a new job.
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.
We require 50 per cent of the total cost of any estimated works to be paid before commencement and we reserve the right to request payment in full in advance at our discretion.
Appointments that need to be cancelled must be notified to us by telephone and, at latest, by the end of our normal office hours (5.00pm M-F) on the working day before the scheduled appointment, or we reserve the right to levy a one hour charge for our engineer’s time.
Cancellations made further in advance should also be by telephone and acknowledgement received from us so that you are not left liable to be charged.
If you have arranged for our engineer to work on your Aga/Rayburn stove and have not switched the appliance off the night before the appointment, so that it is cool enough to work on, then you will be liable for a cancellation fee of £85+VAT
Once major works (more than one full day or involving two or more of our engineers/craftsmen) have been scheduled, if you cancel or reschedule the agreed start time within 24h of commencement, we reserve the right to make a charge of £600+VAT. Please note that it is the landlord or owner’s responsibility that residents/tenants are aware of and have agreed to allow access to enable works to take place
We have a twelve month guarantee period of our labour. If you are not satisfied with our work, you must contact us, in writing, within 12 months of finishing the work and let us come and inspect the work and carry out the necessary remedial work at our expense. You agree that:
- If you do not contact us within 12 months we shall have no liability
- Our insurers may inspect any works carried out by us
- If we have not received payment within 14 days, then you void all guarantees
- As per manufacturer’s instructions, if you don’t get your boiler serviced every year, your boiler guarantee will be void
- We only guarantee our work not the parts supplied. We always endeavour to supply top quality parts.
These guarantees does not affect your statutory rights.
Things we cannot cover.
We are unable to guarantee our work, or any parts and equipment supplied to you:
- If parts or equipment are misused, treated negligently or if our work is modified or tampered with by anyone other than us.
- Where we carry out works on your behalf, using materials that you have supplied, we’re not able to establish provenance, quality, fitness for purpose or otherwise of these materials, so we cannot stand by their suitability, efficacy or durability.
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 and this is not done.
- (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
- Work on existing installations that are either inferior or more than 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
- Unless otherwise indicated, estimates are plumbing-only and do not include any building work, redecoration or making good. Although care will be taken, we cannot be held responsible for any floor coverings that we need to lift, or cupboards that we need to modify/dismantle, or any consequential damage that arises while gaining access to the areas where works are required.
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.
We shall not be held liable for any delay, or consequences of any delay, in performing our obligations if such a delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
Inadvertent errors or omissions that occur in connection with estimates and invoices shall not constitute a liability provided that any such error or omission is corrected as promptly as commercially practicable after discovery.
The steps that we will take to deal with client-assessed liability issues after a job is complete are as follows:
- If you believe that we have not done the work that we set out to do in the correct manner or have caused consequential problems through our actions, we will arrange with you to come and investigate the problem at the earliest possible opportunity.
- This will be a CHARGEABLE visit, at a cost of £170+expenses+VAT, to be paid for in advance for our engineers’ time, to attend the site and discuss the issues that you wish to raise and investigate your claims.
- If it is found that the problems have been caused by negligence or as a consequence of our actions, we will endeavour to put matters to right at our expense and refund you the cost of the investigating visit as well, subject to our terms and conditions.
- If we discover that the issues raised are not due to our actions during previous call-outs, we will provide an explanation of what the current issue is and an estimate for the cost of putting it right.
- If the issue is due to a misunderstanding of the instructions that you received from our engineer or tradesperson at the time, then this will be a chargeable visit.
You will be solely liable for any hazardous situation in respect to the Gas Safe gas regulations or any Gas Warning Notice issued.
Our representatives operate under their own Gas Safe registration and are therefore solely liable for any gas work and its subsequent liability.
We reserve the right to refuse or decline to undertake any work.
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.
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.
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.