Terms & Conditions

Your Local Plumbing Company Limited (YLPC) Conditions of contract.

Definitions

YLPC means - Your Local Plumbing Company Limited a Limited Company.

Customer means – the party contracting for goods and/or services.

Third party – means any other party not party to the contract

Fixed Price Quote – The quoted price shall not be varied except by action of these terms and conditions or unlessexpressly agreed by YLPC.

CONTRACT PRICE – a) The price indicated in the quotation to the customer, or b) estimated at time of booking or c) The labour rate multiplied by worked time for reactive work.

CONTRACT ACCEPTANCE BY CUSTOMER

1.0 The customer is required to have agreed these terms and conditions prior to any work being carried out.

1.1 YLPC will accept a wet or electronically signed agreement or an email response read receipt all of which shall be deemedas agreement to these conditions by the customer.

1.2 Any adjustment to any term shall be agreed by a Customer Services Manager or Director of YLPC Limited.

1.3 This is a contract between YLPC and the customer for which YLPC is providing goods and services or services andthese conditions shall apply.

2. WORKING HOURS AND EXTRA COSTS

2.1 The customer shall give YLPC access within usual working hours (7am 6pm Monday to Friday and 8am until 3pmSaturday)

2.2 In the event a prolongation or overtime being worked at the Customers instruction, or as a result of discovered defects inthe customer’s equipment or failure to give access to the customers property the extra cost will be chargeable in addition to the quoted price.

3. PROGRAMME OF WORK AND EXTRA WORK

3.1 Every effort will be made to meet the schedule requirements of the customer but no guarantee can be given tothe date of commencement or completion of the work.

3.2 In the event that work is delayed because of undetectable defects in the customers’ existing equipment YLPC shall useits best endeavours to minimise delay. If for the completion of the work the existing apparatus must be replaced or repairedthis will be changeable in addition to the quoted price.

3.3 If as a result of the effect of 3.2 extra costs in excess of 10% of the quoted price are incurred the customer will benotified and shall agree the extra work and costs prior to work commencing.

3.4 If the customer declines to agree the extra work in excess of 10% of the contracted price the Customer shall pay for thework up to the point of progress and the Contract will terminate.

4. MAKING GOOD ETC

Whilst every effort will be taken by YLPC to avoid damage to customer’s property it accepts no responsibility for anydamage to plaster work, decorations, flooring, etc. necessarily consequent upon the execution of the work unless specificallyprovided for in the quotation. Cuts or holes made to allow for equipment will be made good but not permanently finished ordecorated. Floorboards will be replaced but special flooring will not be permanently re-fixed.

5. WATER HEATING

5.1 Quotations for water heating installations or work on a hot water or hot water heating system are based on theassumption that the existing plumbing system is in a satisfactory condition. No responsibility is accepted for defects arising in water tanks, pipes, etc. during or subsequent to installation work by YLPC.

5.2 Boiler servicing is undertaken on the assumption that theappliance is serviceable, YLPC shall not be liable forsubsequent failure following servicing.

5.3 Boiler repairs are undertaken on a best endeavours basis.Repaired appliances shall be deemed to have undetermined orintermittent faults and unrelated breakdowns following repairshall only be attended for failure of the fitted parts supplied.Subsequent additional repair work shall be chargeable.

5.4 System and Appliance Diagnostics are chargeable but areundertaken on a best endeavours only. YLPC shall have noliability for incorrect or partial diagnostic activities or advicegiven, unless expressly stated otherwise by an approvedofficer of YLPC.

5.5 Immersion replacement risks containment or structuralfailure of the cylinder, YLPC shall have no liability forcontainment or structural capability of the cylinder orassociated pipework if it is insufficient to withstand thenecessary torque for immersion elements removal.

6. LICENCES/WAY LEAVES

The customer shall be responsible for obtaining and retainingany necessary permits, consents, easement, or way leaves.

7. DRAINAGE

Drainage work will only be guaranteed, if we expressly do so inour written quotation and is supported by a CCTV survey.Drainage pipework of less than 75mm inside diameter will onlybe guaranteed _ for containment and not blockages in anycase.

8. GUARANTEE

8.1 The services carried out will be guaranteed for the periodstated on the invoice or written quotation. During which timeYLPC agrees that it will return free of charge to inspect workcarried out within the guaranteed period if the customer hasreasonable grounds for believing that a defect has arisen dueto the services. Any part supplied and installed by YLPC iffound to be defective shall be replaced free of charge underthe guarantee. However if it is found such parts installed byYLPC are free from defects, any other work required by thecustomer shall be charged at the company’s standard ratesprevailing at the time , and available on request.

8.2 Where the services are specifically covered by theguarantee in 8.1 above and during that time a part becomedefective or fails, YLPC will, provide support service betweenthe hours of 8.00am and 4.30pm, Monday to Friday excludingstatutory or public holidays within 72 hours of notification toYLPC.

8.3 All guarantees will be immediately invalidated in thefollowing circumstances;
(a) If there is found to be any misuse, tampering, attemptedrepair or removal of the equipment the subject of the servicesby any persons other than YLPC’s service engineer or TheCompany’s authorised agent(s).
(b) If any boiler which has been the subject of the services orwas supplied by YLPC has not been serviced at least once perannum by YLPC.

8.4 The customer will inform YLPC of any defects in workunder guarantee as soon as they become apparent.

8.5 Notifications and YLPC and Manufacturers WarranteesNotifications and Warrantees will not be actioned by YLPCuntil all monies due on the contract and all variations and extracharges necessarily incurred have been paid.

9. LIABILITY

9.1 Where YLPC is engaged to repair or installation of waterheating equipment YLPC will assume that all other parts of theplumbing system (including but not limited to water pipes andtanks) are in satisfactory condition and accordingly anyquotation or estimate is based on connection of suchequipment to the existing pipes. If as a result of theperformance of such services, any deficiency or defect isrevealed, YLPC will be entitled to either vary the scope or offerto repair the same as a separate requirement for services. Inthe event that the defect in existing equipment goes to theessential functioning of the existing or contracted plumbing or heating service and the extra cost is less than 10% of thequoted price YLPC shall be entitled to make the necessarycorrections and charge the extra as a variation in the contractprice.

9.2 The performance for the services may require cutting intoplasterwork, decorations or flooring, fixtures and fittings, andservices do not include repairs thereto except to the extentdamage is caused as a result of negligence by YLPC.

9.3 The customer shall be responsible for removing orprotecting any carpets, furniture other chattels that may be atrisk of damage as a result of provision of the services and theand the services do not include repairing damage to carpets,furniture or other chattels except to the extent that suchdamage arises as a result of negligence of YLPC.

9.4 In the event that the service engineer is required by thecustomer to move, dismantle, reassemble or re-fix any units,cupboards of floorboards he may do so it being understoodthat if he agrees to do the services do not include repairing anydamage to such units.

9.5 YLPC shall not be liable for any indirect or consequentialdamage or loss arising out of the provision of services exceptto the extent that is negligent in providing the services.

9.6 When YLPC is providing services at the customer’spremises and YLPC finds asbestos, YLPC will take reasonablesteps to minimise contaminated by the disruption or removal ofasbestos, but YLPC will not be liable for any damage orcontamination and will not contribute financially or otherwise tocleaning or compensating.

9.7 Brittle failures of items such as shower enclosures, graniteand marble worktop, mirrors, toilet pans basins, cast ironequipment and the like are vulnerable when work isundertaken in their vicinity. YLPC will not accept any liability forbrittle failures unless those failures are caused negligently,failures to brittle items shall be deemed due to latentweaknesses and shall be customer’s liability. Negligence shallonly arise if negligent direct metal tool to brittle surface impacthas occurred.

10. TERMS OF PAYMENT

10.1 Standard Terms (up to £5000) a 50% deposit is required7 working days prior to the agreed commencement date ofexecution of work. Final payment is to be made immediatelyupon completion of the services.

10.2 Standard Terms (Over £750) the customer shall pay a50% deposit prior to work commencing.

10.3 Standard terms (Up to £749) the customer shall pay thecost immediately on presentation or delivery of invoice.

10.4 Special terms (Over £5000) The customer shall make a30% deposit on booking which shall be at least 7 days prior tocommencement and be via BACS, the customers shall make asecond payment of 40% on the day of commencement viaBACS. Payments are required to be cleared before close ofbusiness on the first day of the installation. The balance of30% shall be paid on completion of the work.

10.5 Special terms (Over £10000) Work over £10000 will beundertaken under a payment schedule that YLPC will specify.

11. DELAYS AND PROLONGATION

Any delay or prolongation caused by any act or omission of thecustomer, or as the result of failures on behalf of any personsor agent acting on behalf of the customer, or as the result ofany hidden defect in the customers’ equipment or building willbe chargeable at YLPC standard daily or hourly rates.

12. EXTRA COST

In the event of suspension or cancellation of work at therequest of the customer, or lack of instruction or delay on site,caused by any act, omission of the customer or the customer’sagent or representative or defect or fault in the customer’sequipment or building will be chargeable. If overtime is workedor alterations are made at the instruction of the customer oragent of the customer, the extra cost incurred including areasonable addition for administration expenses and overheadcharges will be met by the customer.

13. PROVISIONAL SUMS, VARIATIONS AND ADDITIONS TO CONTRACT

Where the quotation includes a Provisional Sum for meetingthe cost or provisional or specialists work to be done or materials or apparatus to be supplied such sums shall beexpended or used either wholly or in part , at the discretion ofthe customer and entirely as he may desire or direct. Chargesfor work carried out by YLPC included in Provisional Sums andcharges for additions and Variations to the Contract shall, inthe absence of supplementary estimates, be invoiced atstandard day work rates for contract additions in accordancewith the quotation unless otherwise agreed beforehand.

14. POSITION OF FITTINGS ETC

Positions of light points, switches, plant etc., not provided for inthe quotation or an associated drawing are to be determinedbefore work is commenced and any change required there inshall be notified by the customer to YLPC in writing, insufficient time not to impede the progress of the work. Anyextra work necessary to meet such changes will be chargeableto the customer in addition to the quoted price.

15. TESTS

The installation work will be tested during progress, and uponcompletion for insulation resistance, earthing and continuity.Specific tests to comply with the current edition of the I.E.ERegulations for the Electrical Equipment for Buildings and anyother tests required by the customer will be charged for as anextra to the quoted price unless such tests are definitelyspecified and included in the quotation.

16. CONSEQUENTIAL DAMAGE, LOSS or PRICE REDUCTION

YLPC shall not be responsible for any consequential damageor loss arising out of the performance of the contract,otherwise than by the negligence of YLPC or its employees oragents.

16.1 Damages, unless specifically agreed otherwise damagesagainst YLPC for any economic loss resulting from failure toperform or supply any good or service are expressly limited to10% of contract value, or 10% of money paid in event of partialpayment.

16.2 In the event of any reduction in scope initiated by thecustomer undertaking work the maximum reduction in priceshall be limited to 10% of the quoted price, unless expresslyagreed otherwise by YLPC

17. SCOPE of CONDITIONS of CONTRACT

The conditions of contract will apply in full to all quotations andwork carried out and / or on apparatus or equipment suppliedby YLPC under such quotations except where specificallyagreed in writing to the contrary.

18. SUBSTANTIAL COMPLETIONS and RIGHT TO OFSET

18.1 If a system has been installed and the customer isbenefitting from the equipment final payment is due,notwithstanding if minor making good, notifications orwarrantees have not been processed by YLPC.

18.2 The customer shall not be entitled to OFSET any moniesagainst the contract in excess of 10% of the Contract Priceand accepts that YLPC may litigate for recovery if YLPCconsider that the OFSET is unjustified.

18.3 The customer shall not be entitled to OFSET any moneyagainst any scope item(s) that the customer has not permittedYLPC to complete.

18.4 The customer shall not be entitled to OFSET any moniesagainst final making good.

18.5 If the customer engages any third party for any activityassociated with completion of the work, the customer shall notbe entitled to any reduction in price from YLPC unlessexpressly agreed by YLPC.

18.6 If the customer engages any third party to execute anypart or complete any work within the YLPC contract scopewithout agreement from YLPC the customer shall remain liablefor the full contracted price.

19. SIGNATURE

By signing the invoice or confirming by email or text or bypaying a deposit, the customer authorises the servicesdescribed on the quote to be undertaken and confirms thatthey agree(s removed) to make payment for the services, andhave accepted fully and will comply in full with the terms andconditions set out herein.

20. CUSTOMER NOT PRESENT

YLPC may accept a verbal instruction from the customer tocommence providing goods and/or services, where thecustomer is not present an agreed rate or cost will be acceptedby the customer verbally. This will be noted on the invoice. Theinvoice will be dispatched immediately or left in the customer’sproperty.

21. PERFORMANCE

Where work is undertaken to establish a diagnosis of a fault ordefect in the system which may involve applying pressure orflow to a pipe or component of the customers system noliability will be held for subsequent failure or mal-performanceof the customers system.

22. POWERFLUSH

Work to undertake a powerflush is undertaken under a bestendeavours basis, and no warrant express or implied is offeredthat the system performance will be improved, the customer isadvised that under some circumstances Powerflushing asystem may cause a deterioration in performance or loss ofcontainment and YLPC accepts no liability for theseeventualities.

23. TERMINATION

23.1 YLPC may terminate any contract without notice if itreasonably considers that the customers will not comply withthe customers obligations under the contract, if this occurs thecustomer will be returned any deposits paid, less any costsreasonably incurred by YLPC.

23.2 If the customer cancels this agreement otherwise than inaccordance with the contract, YLPC may be entitled to claimdamages in accordance with the general rules of English law.

23.3 If you cancel an order, we lose the time we have spent onyour order up to the time at which you cancel and so YLPCreserves the right to charge you a cancellation fee which issufficient to cover our lost expenses and handling charges.

24. OWNERSHIP OF GOODS

Unless and until the customer has paid all monies duematerials supplied by YLPC shall remain the property of YLPC.

25. WASTE

All waste and arising materials generated by the work shallbecome the property of YLPC and will removed by YLPC areasonable time from completion of the work and no less than3 days from payment of the final invoice.

26. INSURANCE

26.1 YLPC will provide public liability insurance for the work.The customer is deemed to hold buildings insurance for thepremises.

26.2 If the customer identifies a loss that they consider is theliability for YLPC the customer shall immediately give noticestating why this liability has been incurred and provide at least3 quotes for any corrective work that may be required.

26.3 Notwithstanding any Insurable liability YLPC shall havethe absolute right to settle the claim directly, any Insuranceclaim made shall be payable less any outstanding liabilitiesthat may be held by YLPC against the customer.

27. CONTAINMENT AND BUILDING STRUCTURE

27.1 Existing Equipment
The capability of the existing system components, pipework,valves, pumps, tanks etc. to contain water, gas or air isexpressly excluded from the liability of YLPC. Should a defectin the structural containment of existing equipment beidentified as the work is executed the necessary additionalwork to ensure containment will be chargeable.-

27.2 If the building structure is inadequate to support theweight of new equipment, or re-fixing of existing equipment,the additional work and costs to reinforce or strengthen thebuilding structure shall be chargeable.

27.2 New equipment is warranted to be suitable to contain thesystem pressures and flows exerted by normal use.

27.3 Existing to New Equipment Jointing.
Jointing between existing and new equipment is undertakenunder best endeavours terms, and YLPC holds no liability forcontainment failure at joints unless negligently executed.

28. FLOW CAPACTITY

Existing Water Pipework, Valves and pumps

28.1 Old Water flow to premises is a function of water suppliersystems and YLPC holds no responsibility for third party watersupplier performance.

28.2 System circulation on existing system can only beestimated it cannot be determined if following work executedsystem flow performance is identified as being at fault YLPCholds no responsibility for the adequacy of existing pipework tocarry sucient ow to satisfy the customers’ requirements.

28.3 Existing Gas Pipework, valves and meter.The capacity of gas pipework, valves and meter (pipe system)to adequately supply fuel gas to equipment cannot be reliablydetermined by inspection and is not therefore the responsibilityof YLPC, if we consider that an existing pipe system issufficiently sized for the flow but subsequent testing indicatesthat this has not been achieved the customer shall eitheraccept the power limitation imposed or pay a variation toincrease the size of the pipework as YLPC determine. If thepressure is sufficiently low to create a safety concern orWarrantee invalidation on a new appliance supplied by YLPCthen the work will be obligated on the customer who shall paythe variation.

29. NO LIMITATION

Nothing in these terms and conditions is intended to remove orrestrict any statutory rights that the customer may have or theliability of YLPC for death or personal injury.

30. TRADE FEEDBACK

30.1 The customer agrees not to submit negative feedback onany public forum against YLPC unless the customer has givenYLPC an opportunity to complete its customer complaintsprocedure in relation to the customer’s complaint or grievance.

30.2 If the customer submits a negative feedback report onYLPC prior to completing YLPCs customer complaintsprocedure YLPC shall be entitled to name the customer in anyrebuttal of the negative feedback.

30.3 Any negative trade feedback actioned by the customerbefore completion of YLPCs complaints procedure shall bedeemed unreasonable and shall create a liability of £500 toYLPC against the customer.

30.4 If the customer completes the customer complaintsprocedure then the customer shall be entitled to publishfeedback on the company provided it is factual andproportional.

30.5 Any feedback that suggests dishonesty or illegal conductby YLPC shall create a liability of £500 against the customer.

31. FAILURE TO PAY

31.1 In the event of legal action by YLPC for breach ofpayment, the customer shall be responsible for all costsallowable by the courts if an award is made in YLPC favour.

31.2 Failure to pay the balance outstanding will entitle thecompany to charge interest on the balance at the rate of 3%interest above the Bank of England base rate.

32. RELEVANT LAW

This contract is governed by English law & the English courts

32.1 LITIGATION MEDIATION and ARBITRATION
Both parties shall be entitled to litigate to recover money,damages or performance owed on the contract but agree thatmediation will be attempted prior to proceedings.

Head Office: YLPC, 35 – 37 High Street Hampton Hill TW12 1NB

Registered Office: 35 – 37 High Street Hampton Hill TW12 1NB.

Registered No. 06514199 England

Gas Safe Registration Number: 190311,

NAPIT: 26470

VAT Registration No. 993078086

Copy Right: Your Local Plumbing Company March 2017