Terms and Conditions
For the purpose of the terms and conditions the following words shall have the following meaning:
- “The company” shall mean CK Plumbers
- “The Customer” shall mean the person or organisation for whom the company agrees to carry out works and/or supply materials
- “The Operative” shall mean the representative appointed by the company to carry out such works
- The company reserves the right to refuse to undertake or decline work at its own discretion. Where the company agrees to carry out works for the customer then such works shall be carried out by the operative who shall be selected by the company in its absolute discretion.
- Jobs on hourly rate. The total charge to the customer shall consist of the cost of the materials supplied by the company to the customer and the amount of time spent by the operative in carrying out the works for the customer (to include all reasonable time spent in obtaining materials not carried for the customer) charged in accordance with the company’s current hourly rates. The customer shall only be charged for the time spent related to the customer’s work. All charges are subjected to VAT at the prevailing rate except in cases where the work carried out is zero-rated.
- Material Collection
- Time spent must be kept to a minimum and the customer must be informed wherever possible when the operative leaves the premises
- If the collection time is likely to exceed 1 hour the customer must be informed
- Only one engineer is allowed to leave the job to collect parts
- Material Collection
- Quoted/fixed price work shall be given as a firm cost notwithstanding manifest errors which shall be exempted and shall include labour and materials but excluding VAT which shall be charged at prevailing rate.
- The company shall not be under any obligation to provide an estimate to the customer and shall only be bound (subject to hereinafter) by estimates given in writing to the customer and signed by a duly authorised representative of the company. The company shall not be bound by any estimates given orally or in which manifest errors occur.
- Invoices are due for payment immediately upon delivery to the customer. Invoices which remain unpaid (whether wholly or in part) shall carry interest at the rates of 4% over the base rate from the time of the company’s bankers until the company receives payment in full.
- Where the dates and/or time for works to be carried out is agreed by the company with the customer, then the company shall use its best endeavours to ensure the company accepts no liability in respect of non-attendance on the site by the operative or the late delivery or non-delivery of materials
- Where a written estimate has been supplied to the customer the total charge to the customer referred to in the estimate may be revised in the following circumstances:-
- If after submission of the estimate the customer instructs the company (whether orally or in writing) to carry out additional works not referred to in the estimate
- If after submission of the estimate it is discovered that the further works need to be carried out which were not anticipated when the estimate was prepared
- If after the submission of the estimate it is discovered that there was a manifest error when the estimate was prepared
- The customer shall incur personal liability to discharge the company’s account unless he discloses to the company at the time he/she is acting on behalf of the third party (including, but not limited to, limited company or partnership) and (when the customer has received a written estimate) the name of the third party appears on the written estimate.
- If the customer shall cancel his instructions prior to any work being carried out or materials supplied then the customer shall be liable to pay the company for any time spent and materials purchased by the company 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.
- If after the company shall have carried out the works the customer is not wholly satisfied with the works then the customer shall give notice in writing within 100 days to the company and shall afford the company the opportunity of inspecting such works, and where appropriate, shall afford the company the opportunity of carrying out any necessary remedial works. The customer accepts that if he fails to notify the company as aforesaid then the company shall not be liable in respect of any defects in the works carried out. The customer agrees to allow the company’s insurers to inspect any works carried out by the company to the customer.
- The guarantee will be for labour only in respect of faulty workmanship and 100 days from the date of completion with the manufacturer’s warranty in force. The Guarantee will become null and void if the work/appliance completed/supplied by the company is:
- Subject to misuse or negligence
- Repaired, modified or tampered with by anyone that the company operative
Where the company carried out works for the customer using materials supplied by the customer, no warranty is given as to the merchantability, fitness for purpose or otherwise of such materials and company accepts no liability in respect thereof.
- The company will not guarantee any work in respect of blockages in waste and drainage system etc. The company will not guarantee any work undertaken on instruction from the customer and against the written or verbal advice of the operative. Work is guarantee only in respect of work directly undertaken by the company and payment in full has been made. Any non-related fault or 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 operative has notified the customer either verbally or in recommendations of any other related work which requires attention. The customer shall be solely liable for any hazardous situation in respect of any gas warning notice issued.
- Where the company agrees to carry out works on installations of in inferior 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 to the effectiveness of such work or otherwise.
- The company shall be entitled to fully recover costs or damages from any operative/contractor whose negligence or faulty workmanship result in the company being made liable for those damages or rectification of the work.
- 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 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 to in any documentation sent by the customer to the company, by entering into a contract with the company the customer agrees irrevocably to waive the application of any such terms and conditions.
- 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 the customer has made payment in full for such goods in the company. Until such time as title in the goods has passed to the customer:-
- The company should have absolute authority to retake, sell or otherwise deal with or dispose of all or any part of such goods in which title remains vested in the company
- For those purpose specified in (a) above, the company or any of its agents or authorised representative shall be entitled at any time and without notice to enter upon any premises in which goods or any part thereof is installed, stored or kept, or is reasonable believed so to be
- The company shall be entitled to seek a court injunction to prevent the customer from selling, transference or otherwise disposing of such goods
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the customer, the customer shall insure such goods to their replacement value and the customer shall forthwith, upon request, provide the company with a certificate or other evidence of such insurance.
- The company shall not be liable for any delay or for the consequences of any delay on performing any of its obligations of any delay if any such delay is due to any cause whatsoever beyond reasonable control and the company shall be entitled to a reasonable extension of the time for performing such obligations.
- The company shall only be liable for rectifying works completed by the company and shall be held responsible for ensuring damage or claims resulting from this or other work overlooked or subsequently requested and not undertaken at that time.
- Scale/Sludge removal within a central heating system:
- With regard to central heating circulation problems or general cleansing of a system it is very difficult to assess the extent of the problem without investigation work, even then the problem can be difficult to diagnose or repair.
- Because of the unknown quantity of any given system it is difficult to give a cost as to the remedy. Depending on the cause, chemical cleaning and/or power flushing will be required. This may be required several times and in extreme cases pipework may need changing or by-passing.
- On any system, rust spots old leaks sealed with scale may not be apparent. No responsibility can be accepted by the company or operative whatsoever for a leak or damage occurring during the cleansing or scale/sludge removal process or thereafter. However, every attempt will be exercised to monitor and prevent such occurrences from happening. If there are any faults with your Boiler, Pumps, Cylinder, Motorised Valves or any other equipment, the chemicals can expose any fault or problem, the company/operative will not accept any responsibility for such events as this.
- All visits made by the company/operative whether it be initial or re-visit for air removal or air locking in pipe work etc are chargeable at our current hourly rate or any given agreed price from our office, on site or picking up of materials or parking fees are also chargeable
- No warranty can be given against the return of sludge, lime scale, air methane gas or hydrogen gas. We will advise to the best of our knowledge a good inhibitor is added on completion of the Scale/Sludge removal within a central heating system
- Any assessments or costs given are provisional for all Scale/Sludge removal within a central heating system and are deemed to be an average or a guide only.
These terms and conditions and all contracts awarded between the company and the customer shall be governed and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Law.