Terms and Conditions
These Terms and Conditions (‘the Terms’) govern your relationship with PulsaCoil BP which is a trading name of The Plumbing Group Limited (The Plumbing Group Limited, we or us). Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms, please do not place an Order for Services with us. These Terms apply to consumers and businesses.
All Orders for Services accepted by us will be subject to the following Terms which will form part of and will govern the contract of sale. No variation of these Terms will be accepted unless agreed in writing by an authorised person of The Plumbing Group Limited. We will not accept the inclusion of any alternative Terms by you which conflict with, alter or add to these Terms.
Contractor: The Plumbing Group Limited
Employer: The person or company for whom the works are being carried out as detailed overleaf
Works: Only those works as described in the enclosed estimate.
Contract Documents: This document and any further documents.
Conditions: These standard conditions of contract and any specific terms and conditions detailed in the estimate covering letter which in the event of conflict shall take precedence over these conditions.
Estimate: The offer to carry out the Works for the Price as detailed in the estimate provided, subject to the Conditions.
Price: The sum or sums of money specified in the estimate or agreed with the employer to be paid to the Contractor in consideration for its performance of the works, subject to the Conditions.
2.1 This Estimate constitutes an offer open for acceptance for a period of 8 weeks from the date of this letter, unless otherwise withdrawn
2.2 The Contractor reserves the right to amend the Price should the required commencement date for the Works be after a period of 8 weeks from the date of this letter
2.3 Unless otherwise stated the price is inclusive of VAT, and VAT shall be levied at the standard rate prevalent at the date of each invoice
2.4 Allowance has only been made for those works as specifically detailed within the Estimate. Any additional or subsequent works will be dealt with in a new contract
3.1 The Contractor shall carry out and complete the Works in accordance with the Contract Documents using reasonable skill and care and materials, so far as procurable, and workmanship of a satisfactory quality and as described overleaf
3.2 The Contractor shall comply with all statutory requirements in force as at the date of the installation/ repair
3.3 The Contractor shall adequately protect the works and maintain the site in a clean and tidy condition removing all rubbish, excess materials, plant and facilities upon completion
3.4 Defects which exist at or may appear within twelve months from the completion of the Works if proved to arise from workmanship or materials not in accordance with the Contract Documents will be made good by the Contractor at his own costs provided a notice in writing of such defects was given to the Contractor before the expiry of that twelve month period
4.1 The Employer shall make payments to the Contractor strictly in accordance with the Conditions
4.2 The Employer shall provide continuous and unhindered access to all areas of the site as is reasonably necessary for the Contractor to carry out and complete the Works
4.3 The Employer shall provide, free of charge. Water, electricity, gas, oil, welfare, facilities and storage as is reasonably necessary for the Contractor to carry out and complete the works
4.4 The Employer shall be responsible for and shall ensure that all valuable items, together with all or any items that could be damaged or contaminated by the Works are removed from the working areas/or are adequately protected, until such time that the Works are to be performed, but no liability is accepted by the Contractor for the ingress of any such dust
4.5 The Employer shall provide, free of charge off street parking for the duration of work. Should free parking be unavailable any charges applying to parking or penalty charge notices will be added to the final invoice
COMMENCEMENT AND COMPLETION
5.1 The Contractor shall commence the works on the date as agreed by the parties
5.2 The Contractor shall carry out and complete the Works within a reasonable time
5.3 Where a completion date is agreed, that date will be extended by a reasonable period in the event that the Works are delayed for any reason beyond the Contractor’s control , including but not limited to delay caused by statutory undertakers
6.1 Where necessary the employer shall complete the ‘Estimate Acceptance Form’ and return it along with the required deposit
7.1 The Contractor shall retain title to all material delivered onto the site whether or not incorporated into the Works until payment for the same is received by the Contractor in full
7.2 Following completion of the Works the Contractor shall prepare and submit a final account in which all variations shall be accounted for
7.3 All interim invoices and the final account shall become due for payment upon the completion of the work and become due for immediate payment
7.4 Should the Employer fail to make full payment due by the final date for payment then the Employer shall pay to the Contractor compounding interest on the overdue sum at 8% over the base rate as is applicable at that time until such payment is made, such interest sum being immediately due to the Contractor as a debt. Payment of interest due as above shall not be construed as a waiver by the Contractor of his right to proper payment in accordance with the Conditions
7.5 Without prejudice to the above if the Employer fails to make any payment due by the final date for payment then the Contractor may forthwith suspend the performance of his obligations under this contract until such payment is made in full. This right of suspension is without prejudice to any other rights arising by way of this contract or common law
7.6 Where payment is not received in accordance with the Conditions, the Contractor reserves the right to refer the account to a credit collection agency and any costs incurred in collecting the account will be added to the account for recovery. This provision is without prejudice to any other rights or entitlements as may exist through these conditions, Common Law or Statute
PROVISION OF SERVICES
8.1 If you purchase Services from us, then we shall use our skill and expertise to carry out the Services to a standard equivalent to that of a competent professional, and shall warrant our work as free from defects, for a period of 30 days after completion. In particular, we cannot be held responsible for any fault or damage not caused by our services engineers. In the event of a claim arising relating to the level of skill and judgement applied in the course of providing Services, we reserve at our sole discretion the right to appoint an independent expert in the field to appraise the work carried out in the execution of the Service(s)
8.2 We accept no liability for equipment installed or configured by us when the equipment has subsequently been altered or configured by persons other than ourselves. Except as set out here, all other express or implied terms or warranties relating to the Services are excluded to the fullest extent permitted by law
9.1 We shall not be liable to you or be deemed to be in breach of contract by reason of any delay in performing or any failure to perform any of our obligations in respect of the Goods or Services, if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of God, explosion, flood, tempest, fire or accident; war, threat of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock outs or other industrial actions or trade disputes (whether involving our employees or of a third party); difficulty in obtaining materials, labour or machinery; and power failure or breakdown in machinery
CANCELLATION AND POSTPONEMENT
10.1 If you need to cancel or postpone your appointment please call 0800 02 365 92 with as much notice as possible
10.2 If a repair or installation is cancelled or postponed 24 hours or more prior to the appointment date, no charge will apply. Repairs or installations cancelled within 24 hours of the appointment date, a call out fee of £162.00 will be charged
10.3 All cylinders are made bespoke to order and, as such, if an installation is cancelled and no re-booking is made within seven days of the cancelation, a charge of 40% of the cost of the materials will be deducted prior to issuing a refund
LOSS AND EXPENSE
11.1 If the Contractor’s normal sequence of operations is in any way delayed or disrupted through compliance with the Employer’s instructions or any other reason beyond the control of the Contractor, then the Contractor shall be entitled to recover any loss and expense so caused. Any claim for loss and expense is to be accounted for in the Contractor’s interim invoices and/or final account
11.2 You, your tenant or your representative (who must be a competent adult of 18 years or older) must be at the property when the Engineers attend, and must be able to provide proof of identity if requested. If you or your representative are not at the property at the pre-arranged time, you will be charged an attendance fee of £162.00, to cover the cost of the call out. Installations can take anywhere from three to six hours to complete. Repairs will take a maximum of three hours. Should our engineer(s) have to spend additional time at the property, pre or post installation, due to waiting for you or your representative, will be charged at the pro-rate rate of £162.00 per hour
12.1 The Contractor shall be liable for and shall indemnify the Employer against any expense liability, loss or proceedings howsoever arising under any statute or common law in respect of personal injury to or death of any person whomsoever arising out of or in the course of or caused by the carrying out of the works except to the extent the same is due to any act or neglect of the Employer or any person for whom the Employer is responsible
12.2 The Contractor shall be liable for and shall indemnify the Employer against any expense liability loss claim or proceedings in respect of any loss injury or damage to any property real or personal (other than loss detailed in 9.3 below) insofar as such loss injury or damage arises out of or in the course of or by reason of the carrying out of the works and to the extent that the same is due to any negligence breach of statutory duty omission or default of the Contractor his servants agents or any person employed by the Contractor in connection with the works
12.3 The Employer shall be liable for and indemnify the Contractor against any loss or damage to any existing structures (together with the contents owned by him or for which he is responsible) and to the Works and all unfixed materials and goods delivered to, placed upon or adjacent to the Works by fire, lightning, explosion, storm, tempest, flood, bursting or overflowing water tanks, apparatus or pipes, earthquake, aircraft, and other aerial devices or articles dropped there from, riot and civil commotion
12.4 Without prejudice to either parties’ obligations to indemnify the other as detailed above, both the Employer and the Contractor shall take out and maintain such insurance in respect of the liabilities referred to above and shall maintain the same as is necessary to comply with its obligations under the Conditions
13.1 Any dispute or difference as to any matter or thing arising under this contract or in connection of the same arising between the parties during the progress of the Works or after completion, abandonment or determination shall be determined by legal proceedings under the jurisdiction of English Law
14.1 This contract constitutes the entire agreement between the parties with regard to the works and supersedes and replaces all prior communications, agreements, representations, draft documents, warranties and agreements of whatsoever nature whether oral or written between the parties. Excluding Insurance agreements and fixed price repair agreements please see the relevant terms and conditions
14.2 Any notices given under this contract shall be in writing and made by Recorded Delivery
14.3 In the event that the parties waive any breach of the conditions then such waiver shall not be construed as a waiver of any subsequent breach whether of the same of any other term or condition
14.4 Notwithstanding any other provisions of this contract nothing in these Conditions confers or purports to confer any right to enforce any of its terms on any person who is not a party to it
14.5 This contract shall be governed by and construed in accordance with English Law
15.1 Our tender has been prepared on the basis of either a visual inspection only or discussions with you. Should any changes be required to the works set out within our tender as a result of access issues, or changes in the scope, quantity or quality of the works then such will be charged as a variation. Further, if additional works are required as a result of defects or other matters being discovered during the course of the works, which could not have been reasonably foreseen from our visual inspection or discussions, then such will also constitute changes which are to be priced as a variation under the contract
PRICE LIST AND DELIVERY POLICY
16.1 A repair will be carried out within 2 working days of receipt of payment, Installation of new boilers take between 7-10 working days.
16.2 Fixed Price Repair
16.2.1 Our fixed price repair offers; fast efficient repair for your Gledhill appliance including all parts and labour charges, 12 month guarantee on all parts installed by our engineer.
16.2.2 Our fixed price repair covers any component or serviceable part fitted within the case of the unit and the labour content to repair it.
16.2.3 In the rare instance that the internal copper cylinder itself is found to have an irrepairable leak, we will refund the charge less £162 for the call out. In the unlikely event of this happening, we are able to offer the opportunity to purchase a replacement cylinder, including fitting, at a significantly discounted rate.
16.2.4 The fixed price repair does not cover external time switches or controls.
16.3 Standard Rate Repair
16.3.1 Our standard rate is chargeable by the hour and excludes parts.
16.3.2 All parts installed on a standard rate repair are warrantied for 12 months.
16.4 Once you have picked either standard rate or fixed price repair unfortunately you are unable to swap to the other option.
17.1 We do not store credit card details nor do we share financial details with any 3rd parties
The Plumbing Group Limited’s Terms and Condition as listed above do not affect you statutory consumer rights.