Terms & Conditions
For the purpose of these terms and conditions the following words shall have the following meaning:
“The Company” shall mean M C K Plumbing and Heating Engineers Limited.
“The Customer” shall mean the person or organisation for whom the Company agrees to carry out works and/or supply materials.
The Operative or Engineer” shall mean the representative appointed by, or employed by, the Company.
1. The Company reserves the right to refuse or decline work at its own discretion. Where the Company agrees to carry out works for the Customer those works shall be undertaken by the designated Operative or the Company at its absolute discretion
2. HOURLY RATE WORK. The total charge to the Customer shall consist of the cost of materials supplied by the Company (not exceeding the trade purchase price of materials plus 25%) and the amount of time spent by the Operative in carrying out works (including all time spent in obtaining unstocked materials) charged in accordance with the Company’s current hourly rates. The Company shall only charge for the time spent related to the Customer’s work; all other time, personal mobile calls, etc., is not chargeable. All charges are subject to VAT at the prevailing rate except in cases where work carried out is zero rated.
3. FIXED PRICE WORK. All such work shall be given as a firm cost (manifest errors exempted), including labour and materials and shall be within 10% over and above the equivalent total hourly rate cost. All costs are subject to VAT at the prevailing rate
Where a written estimate has been supplied to the Customer, the total charge to the Customer referred to in the estimate shall not exceed the actual time taken by more than 20% but 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 there is an increase in the price of materials.
If after submission of the estimate it is discovered that further works need to be carried out which were not anticipated when the estimate was prepared.
If after submission of the estimate it is discovered that there was a manifest error when the estimate was prepared.
The Company shall not be under any obligation to provide an estimate to the Company and shall only be bound (subject as hereinafter) by estimates given in writing to the Company 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 are present.
4. MATERIAL COLLECTION. Collection of non-stock items is chargeable, but the time for collection of such items shall be kept to a minimum and shall be reasonable and if the collection time is likely to exceed 45 minutes, the Company shall notify the Customer.
5. Invoices are due for payment immediately upon delivery to the Customer. If the invoice or any part of it is unpaid following delivery of the invoice, then the invoice shall carry interest at the rate of 4% over the base rate of National Westminster Bank plc until payment in full including interest, is received by the Company.
6. Where the date 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 that the Operative shall attend on the date and at the time agreed. However, the Company accepts no liability in respect of the non-attendance or later attendance on site of the Operative, or for the late or non-delivery of materials.
7. The Customer shall accept sole liability to discharge the Company’s account unless the Customer discloses to the Company when initially instructing the Company to carry out the work and/or supply materials that the Company is acting on behalf of a third party (including, but not limited to a limited company or partnership) and (when receiving a written estimate) the name of the third party appears on the face of the written estimate.
8. In the event that the Customer cancels its instructions prior to any work being carried out or materials being supplied, then the Customer shall be liable for any related expenditure 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.
9. 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 3 months of the completion of the works to the Company and shall afford the Company and its insurers the opportunity of both inspecting such works and carrying out any necessary remedial works if appropriate. The Customer accepts that if it fails to notify the Company as aforesaid, then the Company shall not be liable in respect of any defects in the works carried out.
10. The Company will offer a guarantee to the customer in respect of works undertaken ( “The Guarantee”). The Guarantee shall be for labour only in respect of defective workmanship for a period of 12 months from the date of completion with the manufacturer’s warranty in force. The Guarantee shall become null and void if the work undertaken by the Company or the appliance either completed or supplied by the Company is subject to misuse or negligence or has been repaired, modified or otherwise tampered with by anyone other than the Company’s Operative. The Company shall accept no liability for materials supplied by the Customer and will accept no liability for any consequential damage or fault.
11. The Company will not guarantee any work in respect of blockages in waste and drainage systems.
12. The Company will not guarantee any work undertaken on instruction from the Customer and against the written or verbal advice of the Operative or Engineer.
13. Work is guaranteed only in respect of work directly undertaken by the Company and where payment in full has been made. Any non-related faults arising from recommended work which has not been undertaken by the Company shall not be guaranteed.
14. The Company shall not be liable or responsible for any damage or defect arising from work not fully guaranteed or where recommended work has not been carried out. All work will carry no guarantee where the customer has been notified by the Operative either verbally or in writing of any other related work which requires attention. The Customer shall be solely reliable for any hazardous situation in respect of gas warning notices issued.
15. Where the Company agrees to carry out works on installations of inferior quality 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 of the effectiveness of such works or otherwise.
16. These terms and conditions may not be released, discharge, supplemented, interpreted, varied or modified in any manner except by an instrument in writing signed by a duly authorised representative of the Company and also signed by the Customer. Further, these terms and conditions shall prevail over any terms and conditions used by the Customer or contained or set out or referred to in any documentation sent by the Customer to the Company. By entering into a contract with the Company, the Customer irrevocably agrees to subject itself to these terms and conditions and to waive the application of any documentation sent by the Customer to the Company as aforesaid.
17. 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 payment in full for such goods has been made by the Customer to the Company.
Until such time as title in such goods has passed to the Customer:
The Company shall have absolute authority to repossess, sell or otherwise deal with or dispose of all or any or any part of such goods in which the title remains invested in the Company.
For the purpose specified in (i) above, other than the Company or any of its agents or authorised representatives shall be entitled at any time and without notice to enter any premises in which such goods or any part thereof is installed, stored or kept, or is reasonably believed to be.
The Company shall be entitled to seek a court injunction to prevent the Company from selling, transferring or otherwise disposing of such goods.
Notwithstanding the foregoing, risk in such goods shall pass on delivery of the same to the Customer and until such time as title in such goods shall have passed to the Customer, the Customer shall insure 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 delay in performing any of its obligations if such delay is due to any cause whatsoever beyond its reasonable control and the Company shall be entitled to a reasonable extension of time for performing such obligations.
18. The Company shall only be liable for rectifying works completed by the Company and shall not be held responsible for any ensuing damage or claims resulting from this or any other work overlooked or subsequently requested and not undertaken at that time.
These terms and conditions and all contracts between the Company and the Customer shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the English Courts.