TERMS OF BUSINESS
These Terms of Business will apply in relation to all plumbing & heating services carried out by us Tradex Group Ltd trading as Nuvo Plumbing & Heating for you, our client.
In these Terms & Conditions:
“Charges” means the fees and expenses payable by you for the
Services (including materials and equipment) to be supplied by us;
“Schedule of Rates” means the schedule setting out our charges that is in force at the time of the contract
“Services” means the plumbing and other services to be provided by us which may include supply and installation of equipment;
“Property” means the place where the Services are to be carried out.
2.1 When we supply a written estimate which is accepted by you or a form of agreement that is signed by you, that document together with these Terms of Business will create the contract between us. If we are called out to the Property to provide services then, unless otherwise agreed, the contract will come into effect when we start work and our Charges will be as set out in our Schedule of Rates.
3. OUR OBLIGATIONS TO YOU
3.1 We will exercise reasonable skill and care in the supply of our Services.
3.2 We will carry out the Services in accordance with the contract and relevant legislation and British Standards.
3.3 We will give reasonable notice of the date and time when we require access to the Property and the likely duration of the Services.
3.4 When items of equipment to be supplied to you are not available we may select alternative equipment of a comparable quality and we will notify you with relevant details.
4. YOUR OBLIGATIONS TO US
4.1 You will give us access to the Property as required to enable us to carry out the Services without interference by you or by other contractors. You will also ensure that the area where we are to work is cleared of furniture and equipment that might impede our work or be at risk of damage. Our normal working hours are 8.00 am to 6.00pm.
4.2 You will provide at your expense any facilities that we require such as mains electricity, water and secure storage for equipment and materials that are left overnight. Also you agree that we can turn off the power or water supply as needed for us to do our work.
4.3 You are solely responsible for obtaining any planning permission required for the Services and for any permits and licences needed (unless otherwise agreed in writing between us).
5.1 Clearing items of furniture or equipment (or floor coverings) that might impede our access to work areas is not included in our Services.
5.2 Building work, plastering and redecoration of affected areas are not included.
5.3 Removal and disposal of rubble, old equipment, pipework and other waste is not included unless stated otherwise.
6.1 If you want any extra work or any change to the agreed Services, we will notify you of the estimated cost and the likely effect on the contract period. Until these are agreed in writing we will not be obliged to implement any changes.
6.2 We will notify you if we encounter any problems which were not obvious to us from any prior inspection of the Property. In those circumstances, if you agree that we should undertake extra work to resolve the problems, a fair and reasonable adjustment to the Charges and the period for completing the work will be made. If the extra work is in our opinion essential and you do not agree we should carry it out, then we may terminate the contract.
7.0 CHARGES & PAYMENT
7.1 You will pay us for the Services that we agree to carry out and for materials and equipment to be installed. Our normal Charges are set out in a Schedule of Rates which will be supplied to you before we start work. If the contract provides for us to work on a fixed fee basis, any extras will normally be priced by reference to the Schedule of Rates.
7.2 Upon being employed by the client for any services, we first ask for payment details that are secured over the phone. A mutually agreed deposit may be asked depending on the amount (between the client and our business). We reserve the right to charge outstanding invoice to the payment details you have supplied once the works have been completed. All client payment information is kept strictly confidential and secure and is encrypted for additional security.
7.3 When we provide an estimate before starting work, you appreciate that it is not a guaranteed price and you will pay our Charges in accordance with our usual rates. However, we will notify you if the Charges are likely to exceed the estimate to a material extent.
7.4 We may require a deposit before starting work and this will always be required if we need to order equipment that is to be installed at the Property. In that case we will issue an invoice which has to be paid before placing the order.
7.5 Unless otherwise agreed by us in writing, all invoices are payable on receipt and in any event within 7 days of the invoice date.
7.6 We will keep records of time spent by our personnel and these will be supplied on request.
7.7 Please note that in addition to any call-out charges specified in our Schedule of Rates, we reserve the right to charge for wasted time spent by our staff if, for example, they are unable to get access to the Property at the agreed times.
7.8 If you have any question or complaint concerning an invoice you should raise it with us within 24 hours and we will endeavour to resolve the issue with you. However, if we are not paid for Services that we consider have been properly carried out, we reserve the right to suspend work until payment is received in full.
7.9 Late payment will entitle us to claim interest on overdue amounts at the rate applicable under the Late Payment of Commercial Debts (Interest) Act 1998 from the due date until the date of actual payment (this interest rate is 8% above Bank of England Base Rate).
7.1o All rates and prices are quoted exclusive of VAT which will be added as appropriate and payable by you. We will issue a valid VAT invoice or receipt for each payment.
8 OWNERSHIP AND RISK
8.1 The risk of loss or damage to any part of the Property or any equipment that is delivered to the Property to be used or installed by us, will rest with you, except when caused by our wilful default.
8.2 Ownership in all equipment and materials to be used in the work will remain with us until we have received all payments due to us under the Contract. This means that we can remove equipment and materials if we do not get paid.
8.3 When carrying out our work we may need to take up flooring and floor covering and cut into parts of the Property including plaster and brickwork. We will take reasonable steps to protect them but the risk of damage that cannot reasonably be avoided by our work will rest with you and you agree that we shall not have any liability for that damage or the cost of reinstatement.
8.4 The risk of loss or damage caused by pre-existing faults in your equipment, your water or heating systems and the risk of leaks, frozen pipes and other matters outside our control rests with you unless the cause is solely due to our proven negligence.
9.1 Unless otherwise agreed in writing before we start work, you will be responsible for insurance of the Property against loss or damage and for getting confirmation from your insurers that our activities are covered under your insurance and that there will be no recourse on us.
9.2 We maintain the following insurances Public Liability Insurance for not less than £1,000,000. Employer’s Liability Insurance
9.3 You will provide us with evidence of the insurance that you have in place when we ask for it and we will do the same for you.
10. COMPLETION, DEFECTS & WARRANTY
10.1 When our contract contains dates for commencement and completion of the Services, these are given by us in good faith but they are not guaranteed.
10.2 We will give you notice when the Services are completed and you will have the opportunity to inspect them before handover.
10.3 We will be responsible for remedying defects in the Services which appear within 6 months from the date we complete the Services but it is a condition that you notify us promptly and in any event within three working days if a defect appears and you must give us access to carry out any remedial work. We will have no liability for defects in design or materials supplied by you, nor for any defects attributable to fair wear and tear, accidental damage, adverse weather, misuse or failure by you to comply with any operating or maintenance instructions.
10.4 Where any equipment supplied by us carries a manufacturer’s warranty, us will take steps to procure that you have the benefit of that warranty. We will not be liable for any defect in the equipment and your remedy will be with the manufacturer (except to the extent that a defect is due to our proven negligence).
11. LIMIT OF LIABILITY
11.1 Our maximum total liability to you (in contract or in tort) will not exceed £5,000 or an amount equal to the total charges received from you under the contract (net of VAT), whichever is less. However, if we cause loss or damage that is covered by our insurance, you will be entitled to the amount recovered from our insurers (less legal and other costs incurred by us). Liability for death or injury of individuals due to our negligence is unlimited.
11.2 We will have no liability (whether in contract or in tort or for breach of statutory duty) for any indirect or consequential loss incurred by you or by anyone else at the Property, including but not limited to loss of use or loss of business.
12.1 We may give notice to terminate the Contract if you fail to make any payment to us within 28 days of the payment date or if you commit any other breach of the contract or act in any way that is unacceptable to us.
12.2 Either of us may terminate the Contract if the other becomes insolvent or has a receiver, manager or administrative receiver or liquidator appointed.
12.3 On termination we will invoice and you must pay us for all Services carried out up to the termination date, including all expenses incurred by us in ordering materials and equipment and our reasonable demobilisation costs.
12.4 Termination will not affect the accrued rights and liabilities of either of us at the termination date.
13. COPYRIGHT ETC.
All copyright and other intellectual property rights in designs and documents prepared by us will remain our sole property. You will have a licence to use them, but only for the purposes for which they were prepared. We will have a similar licence in respect of drawings and documents issued to us by you.
14. FORCE MAJEURE
We will not have any liability to you if we are prevented from performing the contract on account of force majeure which includes, but is not limited to severe weather conditions, fire, flood, epidemic, war, terrorism, strikes or difficulty in obtaining materials or labour. In any of these circumstances, we will promptly notify you. Either party will have the right to cancel or suspend the Services if the force majeure continues for more than 4 weeks.
15.1 Each of us will endeavour to settle any dispute or difference amicably by direct negotiation.
15.2 If we are unable to settle the dispute, it may be referred by either of us to adjudication in accordance with the CEDR (Centre for Effective Dispute Resolution) Adjudication Rules. The decision of the adjudicator will be final and binding unless a notice of dissatisfaction is served by either party on the other within 28 days of the decision. Alternatively we may agree to mediation in accordance with the CEDR Mediation Rules.
15.3 Any dispute that is not resolved by negotiation or adjudication or mediation will be finally settled by the courts of England and Wales.
15.4 The contract is governed by the laws of England and Wales. 1
16.1 Notices. Every notice in writing required under these Terms of Business will be in writing and delivered by hand or sent by first class post to the address of the recipient.
16.2 Assignment. You may not assign any of your rights or obligations under the contract without our prior written consent.
16.3 Entire Agreement. The contract incorporating these Terms of Business is the only agreement between and supersedes any previous arrangements, agreements or understandings relating to the Services.
16.4 Amendment. Any amendment to the terms of the contract will only be effective if in writing and signed by or on behalf of each party.
16.5 No Reliance on Warranties. You acknowledge that you have not relied on and will have no remedy in respect of any statement, representation or warranty, other than are expressly set out in the contract. However, nothing in this clause will limit or exclude liability for fraud.
16.6 Severance. If any provision of the contract becomes illegal or unenforceable, this will not affect the legality or enforceability of any other provision of the contract. In that situation we will, where possible, use reasonable endeavours to agree an alternative provision which is legally enforceable.