LBI Heating and Plumbing Ltd – Terms & Conditions of Trade
In this document the following words shall have the following meanings:
1.1 “Customer” means any person who purchases Goods and Services from LBI who is responsible for any costs incurred.
1.2 “Goods” means the articles specified in the Proposal;
1.3 “Proposal” means the statement of work, estimate, quotation or other similar document describing the Goods and Services to be provided by LBI to which these Terms and Conditions
1.4 “Services” means the services specified in the Proposal;
1.5 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by LBI
1.6 “Minor Works” refers to emergency calls or calls charged at an hourly rate without a quotation or estimate being offered in advance of the commencement of work.
1.7 “Fixed price work ” relates to work for which an estimate or quotation that has been given in advance of commencement of work in a Proposal.
1.8 “LBI” means LBI Heating and Plumbing Ltd.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by LBI to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by LBI.
2.3 The Customer must notify LBI of any variation to the Proposal and LBI (if it agrees the variation) reserves the right to adjust the price accordingly.
2.4 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which LBI may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
3 THE ORDER
3.1 The Proposal to which these Terms and Conditions relate shall remain valid for a period of 30 days. No contract between LBI and the Customer shall come into force until the Customer has accepted the Proposal.
3.2 The Customer shall be deemed to have accepted the Proposal by signing or placing an order in writing with LBI (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services, whether verbal or in writing shall be deemed to be acceptance of the Proposal pursuant to these Terms and Conditions.
3.4 LBI reserve the right to withdraw or amend any quotation without notice before acceptance of the Proposal has been received from the Customer.
3.5 On acceptance of the Proposal LBI will order the Goods as detailed in the Proposal. If subsequent to this order being placed the Customer cancels the Order the Customer will be liable for any costs incurred by LBI in the proper performance of the Order for Goods or time to that date.
3.6 The person giving instructions to LBI or ordering work or materials will personally be deemed to be the Customer unless it is made clear to LBI who the Customer is.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and is exclusive of VAT and any applicable charges outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal. Time for payment shall be of the essence of the contract.
4.3 If the Customer fails to make any payment on the day of it becoming due, LBI shall be entitled:
(a) to charge interest at the rate of 5.00% per month as well before as after judgment on the outstanding amounts from the due date to date of payment
(b) without any liability to the Customer to cease any uncompleted work .
4.4 Fixed Price work. Quotes will include labour and materials exclusive of VAT. The price will be fixed but manifest errors shall be exempted. Revision to quotes may occur if: You change the scope of the work
There is an increase in the price of materials
Further works turn out to be needed to do the work
Impossible for us to do the work for the previously quoted fixed price, we will give you a free quote for the work so that you can choose to use us or not. If you decline the quote there will be no charges payable by you.
4.5 Minor Works.
Invoices relating to Minor Works and jobs payable at an hourly rate are payable immediately at the end of each job by card or cash and we do not accept cheques (unless agreed by accounts). The total charge to you will be the time spent by our representative on the job which is charged for full and part completed hours with a minimum charge of 1 hour. It will include all reasonable time spent in obtaining materials.
Parts and materials supplied by us will be charged at the trade price plus 25% handling charge (but to LBI discretion) and all prices exclude VAT.
4.6 Cancellation of Minor Works and jobs on an hourly rate. If you book a plumber/engineer for an emergency we require a debit or credit card number for a deposit agreed when the job is booked and if you cancel this job in less than 10 minutes of booking you will not have to pay but if you cancel after 10 minutes of booking then you will be charged for one hours labour.
4.7 Collecting material for a Minor Works job: We mainly carry everyday stock items however if a job requires us to pick up extra material we charge you for the travel time it takes to get the part. We will however keep you informed on how long on expected travel time.
4.8 The customer will be requested to sign an invoice once the work has been completed, the customer’s signature verifies that they are satisfied with the work, the charges for both labour and materials, the manner of the engineer(s) and the condition the property has been left following the work.
4.9 LBI will make every effort to park legally, however in some circumstances this may not be viable as a result a charge may be made to cover any costs incurred such as parking fines etc.
5.1 The date of delivery specified by LBI in a Proposal is an estimate only. Time for delivery shall not be of the essence of the contract and LBI shall not be liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods by a third party.
5.2 All risk in the Goods shall pass to the Customer upon delivery.
5.3 Where the Goods are faulty or do not comply with any of the contract, the Customer must notify LBI within 1 day of delivery and the Customer shall be entitled to replacement Goods. After 1 day the Customer shall be deemed to have accepted the Goods and shall not after that time be entitled to reject them.
5.4 The Customer shall make all arrangements to take delivery of Goods whenever they requested to do so.
6.1 Title in the Goods and materials shall not pass to the Customer until LBI has been paid in full in accordance with these Terms and Conditions
6.2 Should payment not be made in accordance with these Terms and Conditions LBI reserves the right (and shall be allowed access by the Customer) to remove any Goods or materials supplied or fitted by LBI.
6.3 The cost of any damage caused by such removal will not be borne by LBI
7 CUSTOMER’S OBLIGATIONS
To enable LBI to perform its obligations the Customer shall:
7.1 Co-operate with LBI;
7.2 Make the site available to LBI for the duration of the works and ensure a safe supply of necessary services and utilities
7.3 Provide LBI with any information reasonably required
7.4 Obtain all necessary permissions, licenses and consents which may be required before the commencement of the services, the cost of which shall be the sole responsibility of the Customer;
7.5 Comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties
7.6 Customers Responsibilities. LBI will endeavour to the best of its ability not to cause any damage to items belonging to the customer or the structure of the building. It is the responsibility of the customers to protect items of furniture, furnishings, fixings, fixtures and fittings. We will make reasonable efforts not to cause any damage, it is suggested that the customer removes items that is considered to be a problem. If it remains within the working area, it is the responsibility of the customers to remove such items and cover items of furniture . Wallpaper and paint can sometimes be damaged. It is the responsibility of the customers to take any protection actions felt necessary. We will try our best to put back bath panels, flooring, floor coverings, cupboards etc regarding areas we needed to get access to. We cannot be held responsible for any damage caused to these items or to the way they have been put back. If damage to plaster and brickwork is caused it is the customers responsibility to make good. We cannot except responsibility for any damage caused to wallpaper, paintwork, tiles, carpet, furniture etc. The customer should also remove items of jewellery and other small items that can be mislaid or lost whilst work is in progress. Any silicon work does not carry any guarantee.. The customer is to obtain all necessary permission, from any landlord or local authority prior to starting the work. An electricity supply (220/240v) is often needed. The customer is to provide this supply and also a suitable standard outlet reasonably near to the work. The supply will be of no cost to us.
8.1 Guarantee. We have a 100 day guarantee period of our labour for repairs and a 12 months guarantee for new installations if the materials are supplied by us 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 within 14 days 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 14 days nor let us back in to rectify our work we shall have no liability. You agree to let our insurers inspect any works carried out by us.
8.2 We accept no liability for any delay or consequences of any delay in performing our obligations if such delay is due to any cause beyond our reasonable control and we shall be entitled to reasonable time extensions.
8.3 We reserve the right to decline to undertake any work.
8.4 Goods entitlement. 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. 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.
8.5 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 authorized 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.
8.6 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.
8.7 Materials and Goods supplied by LBI shall be of merchantable quality and fit for their normal purpose
8.8 LBI shall perform the Services with reasonable skill and care and to a reasonable standard in accordance with recognised standards and codes of practice.
8.9 LBI accepts all responsibility for the condition of tools and equipment used in the performance of the Services and shall ensure that any materials supplied shall be free of defects.
9.0 In addition to the Customer’s statutory rights, LBI guarantees all materials against faulty workmanship for the period specified in the Proposal
9.1 Goods supplied by LBI are guaranteed for the period and on the terms as specified by the manufacturer’s warranty applicable to the Goods.
9.2 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. We shall be entitled to seek a court injunction to 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 should insure them at replacement value and if asked you must produce evidence that they are properly insured.
9.3 All services are guaranteed by LBI for the period specified in the Proposal.
9.4 LBI will at all times have Public Liability Insurance in place.
We CANNOT guarantee our work, parts and equipment supplied to you if:
They suffer misuse, treated negligently or if our work is repaired, modified, or tampered with by anyone other than us. We carry out works for you using your materials. LBI cannot give or sustain guarantees under any circumstances on goods supplied and/or paid for by the customer. 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. We indicate that further works need to be carried out. Existing installations are either inferior or over 10 years old nor can we guarantee the effectiveness or otherwise of our work in these cases.
9.5 If remedial work is found to be required, LBI cannot be held responsible for problems arising from work carried out if the customer does not accept our advice or recommendations on our estimate or quote either verbally or in writing.
9.6 LBI cannot be made responsible for any defects in design or installation on works arising from circumstances or factors known to the customer but not notified or disclosed to LBI prior to the work having been undertaken.
LBI cannot be held responsible for any defects resulting from misuse, wilful act, or faulty workmanship by the customer or anyone working for or under the direction of the customer (other than LBI).
9.7 LBI cannot be made responsible for any roofing works where LBI advises that the overall condition of the roof is poor and in need of more extensive work and the work to be undertaken involves less than 20% of the area of the roof.
9.8 LBI is not responsible for Warranties or guarantees on any items purchased and or supplied by the customer where LBI has a fit only agreement. LBI will charge for replacement of any defective item.
9.9 LBI cannot guarantee work which in our opinion is of a temporary nature, the operative will advise you of such prior to the work being carried out, and we will also mark it on the invoice.
LBI cannot guarantee any work or materials where the payment of that invoice has not been paid for in full.
10 LIMITATION OF LIABILITY
10.1 Provided that nothing in these Terms and Conditions shall exclude or limit the liability of LBI for death or personal injury, LBI shall not be liable for any direct loss or damage suffered by the Customer howsoever caused, as a result of any negligence, breach of contract or otherwise in excess of the price for the Goods and Services.
10.2 Except to the extent precluded by law, LBI shall not be liable under any circumstances to the Customer or any third party for any indirect or consequential loss of profit, consequential or other economic loss suffered by the Customer howsoever caused, as a result of any negligence, breach of contract, misrepresentation or otherwise.
10.3 LBI will not be liable for the fitness for a particular purpose (other than their normal purpose) of any materials or Goods or Services unless that particular purpose has been notified to LBI in writing prior to the date of this Proposal
10.4 Where the Customer supplies Goods or materials LBI accept no responsibility for any defects or damage and offers no guarantee for these Goods or materials.
10.5 For the avoidance of doubt, time shall not be of the essence and LBI shall incur no liability to the Customer in respect of any failure to complete the Services by any agreed completion date.
10.6 LBI will not be responsible for damage suffered to part of the customers property (whether or not LBI is working on that part) where that damage is in whole or in part a consequence of a defect or weakness in that part of the property.
10.7 LBI will not be reasonable for any defects that have occurred from any structural issues to the property defects encompassing but not limited to subsidence and its resultant effect.
11 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
13 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
13.1 All calls may be recorded for training and quality purposes.
13.2 Time Keeping. Every effort is made to arrive at a job at the time and date agreed with you, however we cannot accept liability for arriving late or for the late delivery or failure to supply materials.
13.3 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.
13.4 You will be tied to these terms and conditions until the engineer has arrived at you property and you have signed the contract which you will then be tied to the terms and conditions of the contractual agreement.
13.5 If we are doing work at your rented property on behalf of a landlord you the tenant has to be bound by the terms of the contract and if for any reason whatsoever the landlord refuses to pay you the tenant will be liable to pay and reclaim all cost back from your landlord.
13.6 Materials purchased as a result of work you instruct us to undertake will be charged to you if you later cancel. Charges will be those of our normal terms and conditions.